LIBRARY OF CONGRESS. 

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UNITED STATES OF AMERICA. 



\) 

THE 



FISH AND GAME LAWS 



State of New York, 



Laws for the Preservation of the Forests, Includ- 
ing Amendments thereto, Passed in 1888. 



Compiled under the Direction of 



THE COMMISSIONERS OF FISHERIES, 



GEOEGE EDWAED KENT, 

Counselor-at-Law, New York City. 




X 



^3^0% V^ 



THE TEOY PEEkSS COMPANY, PEINTERS. 

1888. 



-<.^— \;--A, 



^ 



Vv 






Entered according to Act of Congress, in the year 1888, 

By EUGENE G. BLACKFORD, 

In the office of the Librarian of Congress, at Washington, D. C. 



COMMISSIONERS OF FISHERIES. 

) . 

^ EUGENE G. BLACKFOED, 

President and Shell-Fish Commissioner, 
80 Fulton Market, New York City. 

E. U. SHEEMAN, 

New Hartford, Oneida County, New York. 

A. SYLVESTEE JOLINE, 

Tottenville, New York. 
W. H. BOWMAN, 

Eochester, New York. 

HENEY BUEDEN, 

Troy, New York. 

EDWAED P. DOYLE, Clerk, - Eoom 311 Potter Building, N. Y. City. 
WM. G. FOED, Jr., Engineer, - - 80 Fulton Market, N. Y. City. 
JOSEPH W. MEESEEEAU, State Oyster Protector, 

80 Fulton Market, N. Y. City. 



SUPERINTEiNDENTS OF FISH HATCHERIES. 



FEED MATHEE, Superintendent, 

Cold Spring Hatchery, Cold Spring, L. I., N. Y. 

SETH GEEEN, Superintendent, 

MONEOE A. GEEEN, Asst. Superintendent, 

Caledonia Hatchery, Caledonia, N. Y. 

E. F. BOEHM, Superintendent, 

Sacondaga Hatchery, Mill Creek, Hamilton Co., N. Y. 

E. M. MtlEKS, Superintendent, 

Fulton Chain Hatchery. 

E. L. MAEKS, Superintendent, 

Adirondack Hatchery, Bloomingdale, N. Y. 



OFFICERS OF THE FOREST COMMISSION. 



Commissioners. 
THEODORE B. BASSELIN, - - - Gioghan, Lewis Co. 

TOWNSEND COX, . . . - Glen Cove, Long Island. 

SHERMAN W. KNEVALS, .... New York City. 

The Official Tost-Offlce Address of the Commissiouers is Albany, N. Y. 

Secretary. 

ABNER L. TRAIN, - - - P. O. Address, Albany, N. Y. 

Warden. 
SAMUEL F. GARMON, - - P. O. Address, Lowville, Lewis Co. 

Assistant Warden. 
WILLIAM F. FOX, - - - P. O. Address, Albany, N. Y. 

Inspector. 
JOHN B. LOCKE, - - - - P. O. Address, Albany, N. Y. 

Messenger. 

M. J. LONG. 

Stenographer. 

Miss JOSEPHINE FOURQUREAU. 



FISH AND GAME PROTECTORS. 



WILLETT KIDD, - - . . 

MATTHEW KENNEDY, - - - 
FRANCISCO WOOD, - - - - 
SEYMOUR C. ARMSTRONG, - 
PETER R. LEONARD, 
THOS. BRADLEY, - - - - 
FREDERICK P. DREW, - - - 
WM. N. STEELE, - - - - 
JOHN SHERIDAN, - - . - 
GEORGE M. SCHWARTZ, 
CHARLES RIPSON, - - - - 
HENRY C. CARR, - - - - 
GEORGE MOYER, . - - - 
Two Vacancies. 



Newbiirgb, N. Y. 
Hudson, N. Y. 
Scbohario, N. Y. 
Riparius, N. Y. 
Ogdeusburgb, N. Y. 
Rockwood, N. Y. 
Washington Mills, N. Y. 
Clayton, N. Y. 
Penu Yan, N. Y. 
Rochester, N. Y. 
Youugstown, N. Y. 
Union Springs, N. Y. 
Lowville. N. Y. 



TABLE OF CONTENTS. 



PAGE. 

commissioneks of fisheries, - - - 3 

Game and Fish Pkotectors, 5 

The General Game Law, - 10 

Other General and Local Acts, 31 

Game, - - (31 — 39) 

Fish, ----------- (39 — 19) 

Fish Hatcheries, (19 — 51) 

Shell-Fish, - . (51 — 76) 

Fish-ways, 76 

Forest Preserve, - 82 

Penal Code, . . . - 92 

Index, - - 91 



THE 

FISH AND GAME LAWS 

OF THE 

SXAXE OK New York. 



COMMISSIONERS OF FISHERIES. 

Chaptee 285, Laws 1868, as Amended. 

An Act to appoint commissioners of fisheries for the State of 
New York. 

Section 1. A commission of fisheries for the State of New York is Estab- 

hereby established. " ^'^^^'^• 

§ 2. It shall be the duty of the commissioners to examine the vari- Duties of 

commis- 
ous rivers, lakes and streams of the State of New York, and the waters sioners. 

adjoining the same, with a view of ascertaining whether they can be 
rendered more productive of fish, and what measures are desirable to 
effect this object, either in restoring the production of fish in them, or 
in protecting or propagating the fish that at present frequent them, 
or otherwise; and such commissioners shall report the result of their 
labors, and any recommendations they may have to offer, at the next 
meeting of the Legislature of this State. (Chap. 285, Laws, 1868.) 
That it shall be the duty of the commissioners, in addition to the 
duties imjposed upon them by said act, to establish the artificial prop- 
agation of shad, white-fish and salmon-trout, in the waters of this 
State, at such jDoint or points as they may select, and to employ the 
necessary labor to conduct the same, and to take such other steps 
toward improving the fisheries of this State as they shall think advis- 
able, at an expense in all, however, not exceeding the sum hereby 
appropriated. (Added by chap. 567, Laws, 1870.) It shall be the 
duty of the commissioners of fisheries of the State of New York, to 
examine the streams of water in the various counties of this State and 
to take reasonable steps for the propagation of trout, in such streams 



4 THE FISH AND GAME LAWS 

as in their judgment can be rendered more productive. (Added by 
chap. 309, Laws 1879, § 1.) 
gommis- § 3. Horatio Seymour, Seth Green and Robert B. Roosevelt are 
vacancies, appointed commissioners under this act, to hold office for two years, 
and a sum of one thousand dollars is appropriated for their necessary 
expenses in carryiag this act into effect, which the treasurer shall pay 
to them on the warrant of the comptroller, froai time to time, as 
their vouchers for such exjjenses shall be exhibited and approved. 
(Sec. 3 of chap. 285, Laws 1868.) All vacancies occurring in said 
commission shall be filled by the governor of this State, and the 
term of office is hereby extended three years, the commissioners 
being required to report yearly on the condition of the fisheries of the 
State, and the matters under their charge. (Sec. 2 of chap. 5G7, Laws 
1870.) The fishery commission of the State of New York, created by 
act passed April twenty-second, one thousand eight hundred and 
sixty-eight (Laws 1868, chap. 285), is continued with the powers con- 
ferred upon them by the said act. The commissioners to receive no 
salary, and to expend only such sums as have heretofore been appro- 
priated or shall hereafter, from time to time, be appropriated for 
such purpose. (Sec 1 of chap. 74 of the Laws of 1873.) The gov- 
ernor is authorized to apj)oint a resident of the counties of either 
Kings, Queens or Suffolk an additional member of the commissioners 
of fisheries of the State of New York, and to supply his place, should 
a vacancy occur therein, as provided in chapter 567 of the Laws of 1870. 
(Sec. 2 of chap. 309 of the Laws of 1879.) 
Shad. I 4. No person shall take from the Hudson river any shad at any other 

time than between the fifteenth day of March and the fifteenth day of 
June in each year, and every person who shall at any other time, take 
any shad, or set or draw any net or seine in said river, or aid or assist 
therein, for the jjurpose of taking shad, shall forfeit the sum of one 
hundred dollars to the treasury of the State, and their nets shall be 
confiscated; provided that nothing in this section shall apply to taking 
of fish by orders of the commissioners for the purpose of artificial or 
natural propagation of the same, or when the parties authorized to 
take fish contrary to the provisions hereof, have stipulated to hatch 
fish under the direction of the commissioners. (Sec. 3 of chap. 567, 
Laws 1870.) 
Penalties, § 5. All penalties imposed under the provisions of this act may be 
covered, recovered with costs of suit, by the commissioners of fisheries 
in their official name, or by any person or persons in his 
or their own names, by suit in the supreme court» or any other court 



OF THE STATE OF NEW YORK. 5 

of record in this State. On the non-j^ayment of any judgment, when 
recovered in irarsuauce hereof, the defendant shall be committed to 
the common jail of the county for the period which shall be computed 
at the rate of one day for each dollar of the amount of the judgment* 
(Sec. 5, Laws of 1870, chap. 567.) 

§ 6. T\nien any pound, weir, or net is liable to be confiscated under Pound, 
any j)rovisions of this act, it shall be the duty of the commissioners nets to be 
either to take jDossession of the same and employ the necessary agents cated!" 
therefor, subject to an action against them in theii' ofiicial capacity, 
by any claimant or claimants, on the ground that the same was not 
liable to- confiscation, or they may institute a suit in supreme court 
or any court of record, for the confiscation of said pound, weir or net, 
in which case the said court may issue a warrant directing the sheriff 
to attach and safely hold such pound, weir or net, until said action 
shall be determined, and the suit shall be tried, and judgment ren- 
dered according to the practice usual in cases of an analogous char- 
acter. (Sec. 6, Laws 1870, chap. 567.) 



GAME AND FISH PROTECTORS. 

Chaptee 577 OF the Laws of 1888. 

An Act to provide for a more effective organization of game and 
fish protectors. 

Section 1. There shall be appointed by the board of commissioners Appoint- 
of fisheries fifteen game and fish protectors, whose jurisdiction shall ^^ei-s, 
embrace the whole territory of the state, and whose jDowers and duties ^^ ^^^' 
shall be as hereinafter in this act defined. They shall hold their office 
respectively during the pleasure of the board of fish commissioners, who 
may summarily remove any one of their number, whenever in their 
judgment they shall deem such a change, for any cause, advisable. 
One of such protectors shall be designated by the said board of com- 
missioners as chief game and fish protector, and the other protectors 
shall be under his direction and supervision. The chief game and 
fish protector shall give bond, with sureties, for the sum of one thou- 
sand dollars, and each other protector shall give similar bonds for the 
sum of five hundred dollars, conditioned for the faithful performance 
o'f their duties, respectively, such bonds to be subject to the approval of 
the board of commissioners of fisheries. The chief game and fish pro- 
tector shall issue to his subordinates such general and special orders 



6 THE FISH AND GAME LAWS 

and instructions in the execution of their duties under the law as he 
shall deem necessary; and he may in his discretion assign any or all of 
them to duty in districts to be prescribed by him, subject to the apju'C- 
val of the board of commissioners of fisheries, but such assig^ument 
shall not relieve any protector from the i:)erformance of duty in any 
other part of the State where his services may be needed. No pro- 
tector shall be engaged in any business or employment which will 
hinder him at any' time from attending to his official duties. The 
compensation of the chief game and fish protector shall be two thou- 
sand dollars per year salary, to be paid in monthly installments, and he 
shall be allowed his actual expenses of travel in the performance of 
his duty, not exceeding one thousand dollars per year. Each other 
protector shall receive an annual salary of five hundred dollars, pay- 
able in monthly installments, and shall be allowed for his actual 
expenses of travel in the performance of his di^ty not exceeding three 
hundred dollars per year. The chief game protector shall be assigned 
desk room in the rooms of the commissioners of iorestry in the caji- 
itol at Albany, which rooms shall be his headquarters, and he shall 
have authority to employ such clerical service as he shall need at such 
headquarters, at a cost not exceeding eight hundred dollars per year. 
Duties: § 2. "It shall be the duty of the game and fish jDrotectors to enforce 

prosecute, the laws of the State, and the provisions suj^plementary thereto made 
by any county board of sujaervisors, for the protection of game and 
fish. And for this purpose they shall visit suspected jDlaces, and 
gather such information as may be in their power to do relative to 
infractions of such laws committed by any person; and they shall 
have authority to direct the commencement of suits for the violation 
of any such laws in all cases where they may have cause to believe 
that sufficient evidence exists to justify such jorosecution. 
Prosecu- § 3. Such suits shall be commenced on the order of any game and 
fish j^rotector, in the name of the jDcople, by any district attorney 
where the offense shall be alleged to have been committed, or ])y the 
district attorney of an adjoining county; and sucli suits shall be pros- 
ecuted to determination in the county wliere they shall be com- 
menced, unless for good cause appearing, a discontinuance shall be 
directed by the chief game and fish protector; but in no case where 
such discontinuance shall be directed shall any costs be charged or 
be chargeable to the prosecution. If it shall appear in any case that 
the business of the office of the district attorney of any county where 
suits maj- be thus commenced is so pressing that the district attorney 
can not give to such suits prompt and necessary attention, the game 



I 



OF THE STATE OF NEW TOEK. 7 

and fish protector having authority to direct the prosecution may, 
with the approval of the chief game and fish protector, employ other 
counsel in the same county to commence and conduct such suits to 
termination, with the same authority in the premises that the district 
attorney would have. The compensation of any such counsel shall be 
paid on the audit of the chief game and fish protector, out of the 
penalties and applicable costs recovered in any such case; and where 
there shall be a failure to recover, or a deficiency of such funds for 
such payment, then out of any funds that may be applicable to such 
purpose by the provisions of this act. 

§ 4. Witnesses' and other fees and disbursements and full costs Fees, 
shall be included in any judgement in favor of the people, recovered burse- 
under the provisions of this act, at the rate fixed by section three 
thousand two hundred and fifty-one of the code of j^i'ocedure, 
without reference to the amount of recovery. All money necessary 
for witnesses' fees and disbursements in any such action, shall, 
on the requisition of the district attorney, be advanced by, and all 
moneys, except costs, which shall belong to the district attorney, 
recovered in any action, and all fines collected, shall be paid to the 
treasurer of the county in which the actions or proceedings shall 
have been commenced; and the district attorney or treasurer of said 
county, upon the payment of any judgment, may satisfy the same of 
record, as the attorney for the people. One-half of all moneys thus 
paid into any county treasury, over and above the amount necessary 
to reimburse the county for any outlays or exj)enses paid out by the 
county treasurer under this act, shall be paid, on or before the 
thirtieth day of September, in each year, into the State treasury, and 
become and be part of the general fund. And the remaining one-half 
of all such moneys, over and above the amount necessary to reimburse 
the county for any outlays or expenses paid out by the county treasurer, 
under this act, shall be paid to and belong to the game and fish pro- 
tector who brings, or causes to be brought, the action or proceedings 
in which such fine or jDenalty shall be recovered, and shall be paid to 
him by the county treasurer within thirty days after the same shall 
be received by him from the district attorney, upon the certificate of 
the district attorney, or special counsel employed in the case, that 
such action or proceeding was brought, or caused to be brought, by 
such game and fish protector. 

§ 5. The said protectors, or any of them, may, without warrant, Po-worto 
arrest any person violating any of the statutes now or hereafter 
enacted and in force at the time for the protection of moose, "VN^ld deer. 



THE FISH AND GAME LAWS 



Beeords. 



Reports: 
Annual 
reports, 
etc. 



Chief pro- 
tector may 
apply to 
attorney- 
general. 



Appro- 
priation. 



birds and fish, or auy of tliein, and take such person before a justice 
of the peace or police justice, or other magistrate havin^j jurisdiction, 
who shall proceed without delay to hear, try and determine the matter, 
and give and enforce judgment according to the allegations and 
proofs. 

§ 6. Each game and fish protector shall keep a record in which he 
shall enter daily his official acts and proceedings, and he shall at the 
close of each calender mouth make a summarj' of such record, giving 
such statements in detail as shall be necessary for the information of 
his chief, and report such summary and statement to the chief game 
and fish protector; and no payment of salary or of traveling expenses 
shall be made by the comptroller to any protector, except upon the 
certificate of the chief protector, that he has made the report required 
by this section, and has performed his duty in all respects to the sat- 
isfaction of such chief. 

§ 7. The chief game and fish protector shall promj^tly report to tlie 
board of commissioners of fisheries any cases of neglect or dereliction 
of duty, or of incompetency, which he shall discover in any of the 
game and fish protectors, together with any facts he may have to state 
in connection therewith. He shall also make a report annually to the 
board of commissioners of fisheries, on the first day of December, of 
the operations of his department during the preceding year, and shall 
make such further reports as he shall be called on by such board to 
make at any time in regard to the business of his department. 

§ 8. The chief game protector shall have authority to apply to the 
attorney-general for his official opinion upon any question touching the 
construction and interpretion of the statutes, and the duties of the 
protectors under the statutes for the protection of game and fish 
wherein he shall need legal advice, and the attorney-general may, in 
his discretion, furnish from his office such official legal assistance as 
he may deem useful in the conduct of any suit brought by any game 
and fish protector in pursuance of the provisions of this act. 

§ 9. The sum of nineteen thousand dollars, or so much thereof as 
shall be necessary, is hereby appropriated out of the general fund, to 
be paid by the treasurer on the warrant of the comptroller, for the 
purposes of this act for the remainder of the current fiscal year, and 
the fiscal year to end September thirty, eighteen hundred and 
eighty-nine. 

§ 10. Sections, one, three and four of chapter five hundred and 
ninety-one, laws of eighteen hundred and eighty, and sections one, 
three and four of chapter three hundred and seventeen, laws of 



OF THE STATii OF NEW YORK. 

eighteen hundred and eighty-three, are hereby repealed; but stich 
repeal shall not be held to affect any suit or legal proceedings or right 
of action existing at the date of the passage of this act. 



Chaptek 317, Laws 1883. 

An Act to amend chapter five hundred and ninety-one of the laws 
of eighteen hundred and eighty, entitled "An act for the appoint- 
ment of game and fish protectors." 

§ 2. Any net, pound or other means or device for taking or cajDtur- Nets, etc., 
ing fish, or whereby they may be taken or captured, set, put, floated, destroyed, 
had, found or maintained in or upon any of the waters of this State, 
or upon the shores of or islands in any waters of this State, in 
violation of any existing or hereafter enacted statutes or laws for the 
protection of fish, is hereby declared to be and is a public nuisance, 
and may be abated and summarily destroyed by any person, and it 
shall be the duty of each and every protector aforesaid, and of every 
game constable, to seize and remove and forthwith destroy the same, 
and the expense of any seizure, removal and destruction of such net, 
pound or other means or device as aforesaid, shall be a county charge 
against the county in which the same shall have been so seized, and 
shall be paid as other county charges are paid, on the certificate, 
which shall be final, of such protector, which certificate shall state the 
time and place of such seizure and destruction, the names of the per- 
sons employed therein, the time spent thereabout, and the money 
advanced, if any, and to whom, and shall be verified by the oath of 
such protector or j)erson as aforesaid making such seizure and destruc- 
tion; and no action for damages shall He or be maintained against any 
person for or on account of any such seizure or destruction. 
2 



10 THE FISH AND GATVTE LAWS 

THE GENERAL GAME LAW. 

(AMENDED TO JULY, isss.) 



Chapter 534 of the Laws of 1879. 

An Act for tlie preservation of moose, wild deer, birds, fish 
and other game. 

Wild deer, Section 1. No person shall hunt, kill, chase or take alive any wild 
porting, deer in any part of the State, save only from the fifteenth day of 
houndfng, August to the first day of November in any year, nor shall any one 
person during such time, kill or take alive more than three deer. 

No person, corporation, association, or company shall have in his or 
its possession in this State, after the same has been killed, any wild 
deer or venison, save only from the fifteenth day of August to the 
fifteenth day of November in each year. No person, corj^oration, 
association or company shall sell, or exjjose for sale after the same 
has been killed any wild deer or venison, save only from the fifteenth 
day of August to the fifteenth day of November in each year. No 
person shall, at any time, in this State, kill any fawn, or have in posses- 
sion the carcass or skin of any such fawn after the same shall have been 
killed. No joerson shall, in any part of this State, set any trap, spring 
gun or other device at any artificial salt lick or other place for the 
purpose of trapping or killing wild deer. It shall not be lawful to 
hunt or pursue deer with dogs in any county of this State, excejDt 
from the first day of September to the twentieth day of October in 
each year, except in the counties of Queens and Suffolk, when it shall 
be lawful during the first ten days of October of each year, exclusive 
of Sunday. It shall not be lawful to pursue deer with dogs in the 
counties of St. Lawrence and Delaware at any time. It shall be lawful 
for any person to shoot or kill any dog while in actual pursuit of 
any deer in violation of the provisions of this act. No person, common 
carrier, corporation association or company shall at any time carry or 
transport in this State, or have in possession for the purpose of trans- 
portation, any wild deer or venison, taken, caught, killed or captured 
in the counties of this state, or in either of them, except the coun- 
ties of Queens and Suffolk, and any person, common carrier, corjiora- 
tion, association or company which has in his or its possession any 
such wild deer or venison, taken, caiight, killed or captured in any of 



OF THE STATE OF NEW YORK. H 

the said counties of tliis State as aforesaid, or in either of tliem, 
except the counties of Queens and Suffolk, shall be deemed to have 
them in possession in violation of this act, except, however, that they 
may transport or have in possession for the purposes of transporta- 
tion, from the fifteenth day of August to the fifth day of November, 
not more than one carcass of wild deer or venison, taken, caught, 
killed or captured in said counties as aforesaid, or either of them, 
for each owner of said carcass as aforesaid, provided that such car- 
cass be accompanied by the owner. This section shall not apj)ly to 
the head or feet of wild deer when' severed from the carcass. Any 
person offending against any of the preceding provisions of this sec- 
tion shall be deemed guilty of a misdemeanor, and in' addition 
thereto shall be liable to a penalty of one hundred dollars for each 
wild deer or fawn so killed, hunted, pursued or trapped, or for each 
carcass or part thereof transported or had in possession for transpor- 
tation in violation of this act, and for every spring gun so set, or wild 
deer or fawn skin, or venison, had in possession, and may be proceeded 
against therefor in any county of this State in which the offense was 
committed, or in which the offender or prosecutor may reside, or 
have an office for the transaction of business. (As amended by chap- 
ter 501, Laws of 1888.) 

§ 2. No person shall, at any time or place within this State, take, Moose. 
chase with dogs, or kill any moose, nor shall any person sell or expose 
for sale, or have in his or her possession, any moose after the same has 
been so taken or killed. Any person violating this section shall be 
deemed guilty of a misdemanor, and in addition thereto shall be liable 
to a penalty of fifty dollars for each offense. 

§ 3. No person shall hunt, kill or take alive any wild deer by the Crusting 
process or mode commonly known as crusting, or enter any place fn^,^'^**^' 
where wild deer are yarded with intent to kill, take alive or destroy 
the same at any time. Any person offending against any of the pro- 
visions of this section shall be deemed guilty of a misdemeanor, and 
in addition thereto shall be liable to a penalty of one hundred dollars 
for each wild deer so hunted, killed, taken alive or destroyed. (As 
amended by chapter 194, Laws of 1886.) 

§ 4. No person shall kill, or expose for sale, or have in his or her wiiddno-k, 
possession after the same has been kill, any wild duck, goose, or brant, h?ant.* ' 
in any of the waters of this State, between the first day of May and 
the first day of September, except that in the waters of Long Island 
none of said birds shall be killed between the first day of May and 
the first day of October. Any person violating any of the provisions 



12 I'HE FISH AND GAME LAWS 

of this section shall be deemed guilty of a misdemeauor, and in addi- 
tion thereto shall be. liable to a penalty of twenty- five dollars for each 
and every wild duck, goose, or brant killed, or had in his possession; 
and any person who shall, at any time, kill any of said birds between 
sunset and daylight, or pursue or fire at any of said birds with the 
aid of any light or lantern, shall be deemed guilty of a misdemeanor, 
and in addition thereto shall be liable to a penalty of fifty dollars for 
each offense against this provision. And any person found between 
sunset and sunrise on the water with a gun and lantern, in the act of 
attemjDting to pursue, fire at, or kill any such birds, shall be deemed 
guilty of a violation of this section.* 
Using § 5. No person shall, at any time, kill any wild duck, goose, or brant, 

punt gun, with any device or instrument known as a swivel or punt-gun, or with 
any gun other than such guns as are habitually raised at arm's length 
and fired from the shoulder, or use any net, device or instrument, or 
gun other than aforesaid, with the intent to capture or kill any such 
birds. Any person violating any of the provisions of this section shall 
be deemed guilty of a misdemeanor, and in addition thereto shall be 
\ liable to a penalty of fifty dollars. 
Floating § 6. No person shall use any floating battery, machine, or other 
decoys, etc device, whereby the gunner is concealed, for the purpose of kilHng 
any wild fowl, or shoot out of any such floating battery, machine, or 
device, at any wild goose, brant, or duck, in any of the waters of this 
State, or use any decoy or consti-uct any bow-house, at a greater dis- 
tance than twenty rods from the shore, for the purjiose of shooting 
at or killing any such birds. Any person violating any of the provi- 
sions of this section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of fifty dollars for each 
offense. But nothing in this section shall apply to the waters of the 
Great South bay, west of Smith's Point, or the waters of Peconic bay, 
or Shinnecock bay, or Lake Ontario, or the river St. Lawrence, or the 
Hudson river below Albany. 
Using § 7. No person shall sail for any wild fowl, or shoot at any wild 

' goose, brant or duck, from any vessel propelled by steam or sails, or 
from any other structure attached to the same, in any of the waters 
of this State, except Long Island Sound, Gardiner's and Peconic bays, 
Lake Ontario and the Hudson river below lona Island. Any person 
violating any of the provisions of this section shall be deemed guilty 
of a misdemeanor, and in addition shall be liable to a penalty of ten 
dollars. (As amended by chapter 591, Laws 1887.) 

* See chap. 247, Laws 1886. 



OF THE STATE OF NEW YOKK. ]3 

§ 8. No person shall kill, expose for sale, or have in posession after Quail, 
the same has been killed, any quail, between the first day of Janiiary bit, fer- 
and the first day of Novembei', except as hereinafter provided; no 
person shall kill, or expose for sale, or have in posession after the 
same has been killed, any hare or rabbit, between the first day of 
February and the first day of November, nor at any time kill or hunt 
any hare or rabbit with ferrets. This shall not prevent the owners or 
occupants of nurseries or orchards, in any of the counties of this 
State, from trapping or hunting hares or rabbits, with ferrets, or 
otherwise, within the limits of said nurseries or orchards, or any 
forest or field adjoining such nurseries or orchards, and the posession 
of any hare or rabbit may be excused by any person proving the same 
to have been caught or killed within the limits aforesaid. No jierson 
shall kill any quail in the counties of Montgomery, Schenectadyj 
Saratoga or Albany, within two years from the passage of this act- 
Any person violating either of the provisions of this section shall be 
deemed guilty of a misdemeanor, and in addition thereto shall be 
liable for any violation of the first provision to a penalty of twenty- 
five dollars for each quail, hare or rabbit so killed, exposed for sale* 
or had in possession.* (As amended by chapter 584, Laws 1880.) 

§ 9. No person shall kill or expose for sale, or have in his or her Wood- 
possession after the same has been killed, any woodcock, between the or e'ray 
first day of January and the first day of September, in the counties of 
Oneida and Delaware, and in other parts of the State, between the 
first day of January and the first day of August in each year, except 
as hereinafter provided. It shall not be lawful for any person to 
kill or expose for sale, or to have in his or her possession after 
the same has been killed, any black or grey squirrel, between 
the first day of February and the first day of August in each year. 
Any person violating either of the provisions of this section shall be 
deemed guilty of a misdemeanor, and in addition thereto shall be 
liable to a penalty of twenty-five dollars for each bird or animal so 
killed or had in possession.f (As amended by chapter 269, Laws 1884. 

§ 10. No person shall kill, or expose for sale, or have in his or her rartridge, 
possession, after the same has been killed, any ruffed grouse, com- ehk-kon. 
monly called partridge; or pinnated grouse, commonly called prairie 
chicken, between the first day of January and the first day of Septem- 

* See chapter 542, Laws 1886, in relation to Eobin's Island ; chapter 395, 
Laws 1886, in relation to Niagara county. 

tSee chapter 430, Laws 1886, in relation to Chautauqua and Cattaraugus 
oountiea. 



14 THE FISH AND GAME LAWS 

ber, except as hereinafter provided. Any person violating any of the 
provisions of this section shall be deemed guilty of a misdemeanor, 
and in addition thereto shall be liable to a penalty of twenty-five 
dollars for each bird so killed or had in possession.* 

etc** pro- § 11- -^^ person shall, at any time or place within this State, take or 

hibited. j^jjj g^jjy ruffed grouse, commonly called patridge, or any pinnated 
grouse, commonly called praii-ie chicken, or any spruce grouse, com- 
monly called Canada partridge, or any quail, with any net, trap, or 
snare, or set any such net, trap, or snare for the purpose of taking 
or killing any of such birds; nor shall any person willfully sell, or 
expose for sale, or have in his or her possession, any of the said birds 
after the same shall have been so taken or killed. Any person violat- 
ing any of the provisions of this section shall be deemed guilty of a 
misdemeanor, and in addition thereto shall be liable to a penalty of 
ten dollars for each bird so taken and killed, or had in jiossession. 
And it shall be lawful for any person to take and destroy any such 
nets, traps, or snares, whenever found set. 

Eagles, § 12. No person shall, at any time, in this State, kill or expose for 

sale, or have in possession after the same is killed, any eagle, wood- 
peckei, night-hawk, yellow bird, wren, martin, oriole, or any song 
bird, under a penalty of five dollars for each bird so killed, exposed 
for sale or had in possession. (As amended by Laws of 1880, chapter 
584.t) 

Robins, § 13. No person shall kill, or expose for sale, or have in possession 

stariing. after the same has been killed, any robin, meadow lark, or starling 
save only during the months of October, November, December, under 
a penalty of five dollars for each bird so killed, exposed for sale, or 
had in possession. (As amended by Laws of 1880, chapter 584.f ) 

Excep- § 14. The last two sections shall not apply to any person who shall 

ions. j^^jj ^^y 1^^.^^ ^^^. ^j^g purpose of studying its habits or history, or 

having the same stuffed and set up as a specimen; or to any person 

who shall kill on his own premises any robins in the act of destroying 

fruit or grapes. | 

Robbing § 15. No person shall willfully destroy or rob the nest of any wild 
birds whatever, except crows, blackbirds, hawks, and owls, save only 
where it may be necessary to protect dwelling-houses, or prevent their 



*See chapter 395, Laws 1886, in relation to Niagara county. 

fSee chapter 427, Laws 1886, an act for the preservation of song and 
wild birds, which may operate as a repeal. 

X See chapter 427, Laws of 1886, an act for the preservation of song and 
wild.birds, which may operate as a repeal. 



OF THE STATE OF NEW YORK. 15 

defacement. Any person violating this section shall be deemed guilty 
of a misdemeanor, and in addition thereto shall be liable to a penalty 
of five dollars for each offense.* 

§ 16. Any person who shall knowingly trespass upon inclosed or Trespass- 
cultivated lands, for the purpose of shooting or hunting any game ^^^' 
protected by this act, or shall take any fish from private ponds or 
private streams not stocked in whole or in part by the State, or after 
public notice has been given by the owner or occupant thereof, or 
person, association or corporation hiring or leasing the exclusive right 
to shoot or hunt thereon or fish therein from the owner or occupant, 
as provided in the following section, shall be liable to such owner or 
occupant, "or person, association or corporation," in addition to the 
actual damages sustained, exemplary damages to an amount not 
exceeding twenty-five nor less than fifteen dollars. (As amended by 
chapter 243, Laws 1885.) 

§ 17. The notice referred to in the preceding section shall be given Notice to 
by erecting and maintaining sign-boards, at least one foot square, upon 
at least every fifty acres of land upon or near the lot lines thereof, or 
upon or near the shores or banks of any lake, stream or pond, in at 
least two consx^icuous places on premises, or by the personal service 
upon any person of a written or printed notice containing a brief 
description of the premises, the name of the owner or person in posses- 
sion thereof, and such notice to have appended thereto the name of 
the owner or occupant, or person, association or corporation having 
the exclusive right to shoot or hunt thereon or fish therein. Any 
person who shall tear down or in any way deface or injure any such 
sign-board, shall be guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of twenty-five dollars. (As amended, chapter 
248, Laws 1885.) 

[§ 3. Nothing in this act contained shall be construed as authorizing State 

the leasing of any of the lands or waters belonging to the State, to waters 

" -^ r. ■, not to be 

any person, association or corporation for a fish or game preserve, leased. 

except for fish hatching purposes. (Added by chapter 243, Laws 1885, 

in act amending §§16 and 17.)] 

§ 18. No person shall at any time kill or catch or attempt to loll or Trout, etc. 

catch any speckled trout, brook trout, salmon-trout or land-locked 

salmon, with any device save that of angling with line, or rod held in 

the hand except in Lake Ontario and the Niagara river, and in waters 

which are wholly private, and in the latter only then by permission 

* See chap. •±27, Laws 1886, an act for the preservation of song and wild 
birds, which may operate as a repeal. 



16 THE FISH AND GAME LAWS 

of the owner thereof; nor shall any person set or draw any net or 
seine, or use any set-line or set-pole in any lake, pond or stream 
inhabited by speckled trout, brook trout or salmon-trout, or land- 
locked salmon, except in the waters of Lake Ontario; but no net shall 
be set within one mile of the mouth of the Oswego river, or have, on 
the shores or waters thereof, except said Lake Ontario, any net, seine, 
set-line, or other unlawful device for the taking of fish; but this act 
shall not apply or prohibit the catching of minnows for bait, in the 
waters of Lake Keuka, adjacent to the shores of Yates and Steuben 
counties, providing the person using the nets for that purpose shall 
not set them, and shall only use a net with mesh not exceeding 
one-half inch; said net not to exceed one hundred feet in length, five 
feet in depth or breadth at the ends, and ten feet in the center, to be 
used with ropes not exceeding one hundred feet in length, and shall 
thro\\- back any trout, bass or suckers, or other game fish taken, and 
keep only chubs, shiners and alewives, to be used as herein stated. 
And no person shall at any time, or in any way, catch or attempt to 
catch any speckled or brook trout, or salmon-trout, or land-locked 
salmon, through the ice, except in Lake Ontario and the Niagara 
river, and in Avaters wholly private. Any person who shall offend 
against any of the provisions of this section shall be deemed guilty of 
a misdemeanor, and in addition thereto shall be liable to a penalty 
of twenty-five dollars for an}' offenses against any of the provisions of 
this section, and ten dollars additional for each fish taken. All nets, 
seines, and other devices forbidden by this section to be used are 
hereby declared to be nuisances and contraband; and any person 
finding the same in any place where they are forbidden to be used, is 
authorized to destroy such contraband articles, and no action for 
damages shall lie against him for such destruction. The phrase 
" private waters " is hereby defined for purposes of this and the next 
section only, to mean ponds or streams fed wholh^ b}- artificial sources, 
or by springs existing upon the same farm or tract belonging to the 
owner or proprietor thereof; or waters brought by artificial pipes, or 
channels other than natural, into artificial ponds or reservoirs of the 
owner or proprietor. (As amended by chapter 618, Laws of 1887.) 
Speckled § 19. No person shall catch, or attempt to catch, or kill or expose 
salmon, for sale, or have in possession after the same has been caught or 
killed, any speckeled trout, brook trout, California trout or brown 
trout, save only from the first day of April to the first day of Septem- 
ber in each year, except in the counties included in the Forest Pre- 
serve, eBtablished by chapter two hundred and eighty-three of the 



OF THE STATE OF NEW YOKK. 17 

laws of eighteen hundi-ed and eighty-five, where it shall not be law- 
ful to catch, or attempt to catch or kill, or expose for sale, any speckled 

trout, brook trout, brown trout and California trout, save only from Forest 

preserve, 
the first day of May to the fifteenth day of September, and salmon Trout and 

trout and land-locked salmon from the first day of May to the^ first 
day of October in each year. Any jDerson who shall at any time catch 
or take any California trout, speckled trout, brook trout, brown trout, 
salmon trout or land-locked salmon from any of the waters of this 
State, less than six inches in length, shall immediately place such 
trout back in the v/'aters from which it was taken, and shall use due 
care not to kill or injure the same, and the catching of such fish by 
intent is hereby prohibited. Nor shall any person sell or expose for 
sale any of said fish less than six inches in length. No person shall 
at any time take or catch any speckled trout, brook trout, brown Catching 
trout, salmon trout, land-locked salmon or California trout, from any stoekin?- 
of the waters of this State for the purpose of stocking a i)rivate or ponds pro- 
public pond or stream except from the waters of Lake Ontario. No 
person shall at any time willfully molest or disturb any of the fish Trout or 
mentioned in this section while they are upon their natural spawning not to be 
beds during their spawning season, except in the waters of Lake On- inspawn- 
tario, nor shall any person take any of the said fish, or any spawn or 
milt from any of said fish while upon their natural spawning beds in 
any of the waters of this State (except such as are wholly private). 
Any person violating any of the foregoing provisions of this section Penalty. 
shall be deemed guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of twenty-five dollars for each fish so caught, 
killed, exposed for sale or had in possession during the prohibited sea- 
son aforesaid ; a penalty of ten dollars for each fish sold or exposed 
for sale of less than six inches long as aforesaid ; and a penalty 
of fifty dollars for disturbing or molesting fish upon the spawn- 
ing beds, or taking spawn or milt therefrom, with twenty- 
five dollars additional for each fish taken thereon. The fore- 
going provisions are not to. apply to the operations of State or public 
hatcheries, or to the artificial propagation of said fish by State or 
public authority; nor to the taking, transportation or possessing of 
fish-fry thus artificially propagated or disturbed for the stocking of 
waters. Owners or proprietors of private hatcheries are also exempted 
therefrom to the extent that they may take fish, spawn or milt in their 
own private waters, for the purpose of artificial propagation, inclusire 
of the sale, transjDortation and possession of fish-fry or spawn thus 
obtained or propagated for the purposes of stocking waters. In all 

3 



18 THE FISH AND GAME LAWS 

other respects these provisions are to apply. No officer of the State, 
Deposit of nor any person, shall place or deposit in any of the waters of the 
spawn, Adirondack region of this State (so called), any fish, or fish-fry, or 
Atli'ron- spawn, or milt, except speckled trout, brook trout, brown trout, salmon- 
lated. " trout, California trout or land-locked salmon, unless the fish so 
deposited or placed in such waters are indigenous to the particular 
water where placed, except that non-preying or non-destructive fish, 
such as usually constitute food for the species above named, may be 
Penalty, therein placed. Any jDerson offending against this provision shall be 
deemed guilty of a misdemeanor, punishable by imprisonment in a 
penitentiary or county jail for a peiiod not exceeding eighteen months 
or shall forfeit a penalty of five hundred dollars, or both, in the discre- 
tion of the court, for each fish or spawn deposited m violation thereof. 
No person, carrier, corporation, association or company shall, at any 
time, carry or transjDort or have in his or its possession for the pur- 
j)ose of transportation, any speckled trout, salmon-trout, California 
trout or land-locked salmon, caught or killed in that portion of this 
State constituting the Forest Preserve; and any person, carrier, coriJO- 
ration, association or company- which has in his or its possession any 
such trout shall be deemed to have them in possession in violation of 
this section, provided, however, that they may transport from the 
Forest Preserve or have in possession for the purpose of transporta- 
tion, speckled trout, brook trout, brown trout and California trout, 
from the first day of May to the first day of SejDtember, and salmon- 
trout or land-locked salmon from the first day of May to the first day of 
October in any year caught or killed in the Forest Preserve, provided 
Penalty, that they be accompanied by the owner. Any person offending against 
this provision shall be deemed guilty of a misdemeanor, and in addi- 
tion thereto shall be liable to a penalty of fifty dollars for each trout 
or part thereof had in possession for transportation in violation of this 
provision, and may be proceeded against in any county of this State 
in which the offender or prosecutor resides or the offender has an 
office for the transaction of business. (As amended by chapter 617, 
Laws 1887.) 
Salmon- § 20. No person shall kill or expose for sale or have in his or her 
possession after the same has been caught or killed, any salmon trout, 
land-locked salmon, or lake trout caught in the inland lakes or waters 
of this State in the months of October, November, December, Janu- 
ary, February and March of each year, and in Lake George the addi- 
tional month of April. Any person violating any of the provisions 
of this section. ahsUl be deemed guilty of a misdemeanor, and in 



OF THE STATE OF NEW YOEK. 19 

addition thereto, shall be liable to a penalty of ten dollars for each 

fish so caught, killed, exposed for sale, or had in possession. (As 

amended by chapter 617, Laws 1887.) 

§ 21. No person shall catch or kill any black bass in the waters of Black bass 

Lake Mahopac, or of Columbia coimty (or in the waters of Schroon longe or 

lake or river, or Paradox lake, in the counties of Essex or Warren, or catching 

in certain 
in the waters of Friend's lake in Warren county, or in the waters of water, 

l*G*'"llllltG(l 

Skaneateles lake in the counties of Onondaga and Cayuga, or in the 
waters of Lake Erie and Niagara river above Niagara Falls, on the 
American side, between the first day of January and the first day of 
July) or in Lake Greorge or in Brant lake, in Warren county, between 
the first day of January and the first day of August, or catch or kill Special 
any black bass, Oswego bass, muscalonge or pike perch, commonly tions. 
called wall-eyed pike, in Oneida lake, between the first day of March 
and the thii-tieth day of May, or in any other waters of the State, 
between the first day of January and the thirtieth day of May, 
except in Lake Erie and Niagara river above Niagara Falls, on the 
American side, where the same shall not be caught, killed or had in 
possession or exposed for sale in Erie county between the first day of 
January and the first day of July, but this section shall not apply to 
salt water bass, unless alive, for artificial propagation, or the stocking 
of other waters, except that bass and muscalonge may be caught in 
the St. Lawrence, Clyde, Seneca and Oswego rivers, Lake Ontario and 
Lake Conesus and in Black lake, in St. Lawrence county, between the 
twentieth day of May and the first day of January. No person shall 
catch, kill or expose for sale, or have in his or her possession 
after the same has been killed, any black bass or fresh-water 
striped bass, weighing less than one-half pound, or less than 
eight inches in length from end of snout to end of caudal 
fin, at any time, nor catch, kill or expose for sale, after the same has • 
been killed, any salt-water striped bass weighing less than one-half 
pound or less than eight inches in length from end of snout to end of 
caudal fin, at any time. No person shall exj)Ose for sale, or have in 
his or her possession after the same has been killed, any black bass, Bass or 
Oswego .bass, fresh-water striped bass or muscalonge, save only from lonso. 
the twentieth day of May to the first day of January; except in the 
county of Erie, where the same may be sold and had in possession 
only between the first day of July and the first day of January.* 
Nor shall- any person catch or kill, or attempt to catch or kill, 
any bull-heads in the waters of Lake George or in the waters of 

* See chapter 498, Laws 1887. 



20 



THE FISH AND GAME LAWS 



Lake 
George ; 
special 
provision. 



Penalty. 



Not to ap- 
ply to 
several 
western 
lakes. 



Shutting 
or draw- 
ing off 
water. 



Fishing 
with nets ; 
bull- 
heads, 
eels, suj3k- 
ers, etc. 



any of the inlets or creeks emptying into said lake, between the first 
day of April and the first day of July in any year. Nor shall any 
person, at any time, catch or kill, or attempt to catch or kill, in 
the waters of Lake George or in the w^aters of the inlets or creeks 
emptying into the same, any fish with any set line, or with any device 
whatever except that of angling with hook and line held in the hand. 
Nor shall any person catch or kill any pickerel in the waters of Lake 
George between the fifteenth day of February and the first day of 
July in any year. Nor shall any person expose for sale or have in his 
or her possession any pickerel caught or killed in the waters of said 
Lake George between the fifteenth day of February and the first day 
of July in any year. Any person violating any of the provisions of 
this section shall be deemed guilty of a misdemeanor, and in addition 
thereto shall be liable to a penalty for ten dollars for each fish. (As 
amended by chapter 619, Laws 1887). 

§ 2. This act shall not apply to salmon, trout or land-locked salmon 
caught in Lakes Michigan, Superior, Huron or St. Clair, or in the 
waters adjacent thereto or connecting the same. (Added to section 
21 by chapter 59G, Laws 1887). 

§ 22. No person shall catch any bass, trout or other fish, in any of 
the waters of this State, by shutting or drawing off uny portion of 
said waters, nor shall any person take any fish in the waters of the 
Tonawanda creek between Moul ton's dam, in the county of Genesee, 
and Cotton's dam, in the county of Wyoming, for a period of five years 
after the passage of this act. Any person violating this section shall 
be deemed guilty of a misdemeanor, and in addition thereto shall be 
liable to a penaltj^ of twentj^-five dollars for each offense. 

§ 23. No person shall kill or catch, or attempt to kill or catch, any 
fish, except minnows, in the waters of- Lake Ontario on the American 
side thereof, for the distance of three miles from the mouth of the 
Niagara river, or Onondaga, Oneida, Seneca, or Cross lakes, or in 
any of their outlets or tributaries, or in the American waters of the 
Niagara river above Niagara Falls, in any way or nianner, or by any 
device whatever, excej)t with that of hook and line, and any 
person catching or killing any fish, except minnows, in ,any of 
the above named waters, shall be liable to a penalty of one 
hundred dollars for each and every offense. No j)erson shall 
kill or catch, or attempt to kill or catch any fish, except minnows, 
bull-heads, eels, suckers and catfish in any of the fresh waters, 
or in any of the canals of this State or in the American waters of the 
St. Lawrence river, in any way or manner, or by any device whatever^ 



OF THE STATE OF NEW YOKK. 21 

excejjt tliat of angling with a liook and line, save only in the following 
waters, namely: The Hudson river below the dam at Troy,* and in 
Lake Ontario, except Great Sodns bay, Port bay. East bay, in the 
county of Wayne, Henderson harbor, or Henderson bay, in the county 
of Jefferson; f and also except in Lake Champlain during the month 
of October and the first fifteen days of November; and also except in 
the waters of the Walkill river within the county of Ulster, wherein it 
shall be lawful for any person or persons of one and the same family 
or household to possess and. fish for suckers and eels in the waters of 
said river during the months of March and April and October and 
November, with a single fyke, the meshes of which shall not be less 
than one inch. And also except all that part of the waters of Lake 
Ontario, together with its bays and inlets, lying and being in the 
county of Jefferson, and in that part of Oswego county lying between 
its Jefferson county line and the westerly line of the town of Mexico, 
and within one-half mile of the outlet or mouth of Salmon river, saving 
and excepting the shoals adjacent to Henderson bay, on the lake side 
from the main shore to and including Smoke island, excejDt during the 
months of November and December, which waters are hereby released 
from the operation of the provisions of sections twenty-three and 
twenty-six of the act hereby amended; provided, further, that in Black 
lake. Mud lake and Yellow lake, in St. Lawrence county, bull-heads, 
eels, suckers, catfish and pickerel may be killed with a spear, except 
in the months of March, April and May. No person shall knowingly 
sell or purchase, or have in his or her possession, any fish killed, caught 
or taken from any such waters, contrary to the provisions of this sec- 
tion. And any person violating the provisions of this section shall be 
deemed guilty of a misdemeanor, and in addition thereto shall be liable 
to a penalty of twenty-five dollars for each and every such offense. 
And all nets, seines, traps, weir and other devices forbidden by this Nets, etc., 
section are hereby declared contraband, and any person finding the band.' 
same in any place where they are forbidden is hereby authorized to 
■destroy such contraband article, and no action for damages shall lie 
against him for such destruction. (As amended by chapter 127, 
Laws 1884.) 

§ 24 Any person having in his or her possession iipon any of the Posses- 
waters of this State, or upon the shores of or islands in any waters of ue^ on 
this State, inhabited by salmon trout, lake trout, black bass, Oswego ^ °'®' 



* See chapter 247, Laws 1884, railway trestles, etc. ; see chapter 522, Laws 
1886, pound and purse nets ; see chapter 567, Laws 1870, as to shad. 
t See chapter 141, Laws 1886, and chapter 366, Laws 1887. 



22 THE FISH AND GAME LAWS 

bass, fresli-water BtiipcJ haaa or iuuscaloige, without the pennission 
of the Commissioners of Fisheries, any snares, nets, stake poles ' or 
other device used in unlawfully taking such fish, shall be deemed 
guilty of a misdemeanor, and in addition thereto shall be liable to a 
penal tj' of twenty-live dollars; but nothing herein contained shall 
aj)ply to that portion of the Hudson river south of the dam at Troy, 
or to Lake Ontario, or to the waters of the Walkill river in Ulster 
county. (As amended by chapter 11, Laws 1886). 
Polluting § 25. No person, association, company or corporation shall throw or 
deposit, or permit to be thrown or deposited, any dye stuff, coal tar, 
refuse from gas houses, saw dust, lime or other deleterious substance, 
or cause the same to run or flow into or upon any of the rivers, lakes, 
ponds, streams, or any of the bays or inlets adjoining the Atlantic 
ocean within the limits of this State. Any person who shall violate 
this section, or any member of any such company, association or cor- 
poration who shall authorize and direct any such violation, shall be 
guilty of a misdemeanor, and in addition thereto shall be liable to a 
penalty of fifty dollars for each offense. But this section shall not 
ajDply to streams of flowing or tide water, nor to the town of French 
Creek, in Chautauqua county, which constitutes the motive power of 
the machinery or manufacturing establishments, when it is absolutely 
necessary for the manufacturing purposes carried on in such estab- 
lishments to run the refuse matter and material thereof into such 
stream. (As amended by chapter 430, Laws 1881. See also chapter 
300, Laws 1886, post. See Cartwright v. Canaudaigua Gas Light Co., 
32 Hun, 403, Supreme Court, 4th Dept., March, 1884.) 

Meshes, S 26. No person shall fish in any of the waters or canals of this 

fykes, ox J 

pounds, State with seines, gill-nets or fykes, the meshes of which shall be less 
nets, etc. . J ' 

than two and one-half inches, excej)t in the waters excepted in the 

first section of this act and except in the following waters: In the 

waters over which Kichmond county has civil jurisdiction, the 

meshes shall not be less than two inches; in the bays and salt 

waters, estuaries and rivers of Long Island, not less than two and 

one-half inches, but this prohibition shall not apply to nets used 

in taking "menhaden" nor to ponds where they are permitted 

l;y law; in Lake Erie and Lake Ontario, the meshes shall 

not be less than four and one-half inches; in the Hudson river 

between long dock at Piermont in the county of Eockland and the 

dam at Troy, the meshes shall not be less than two inches except 

seines, fykes or other nets used in catching bait fish; in Coney Island 

creek to the mouth thereof extending out into Gravesend bay one- 



OF THE STATE OF NEW YOEK. • 2 

half mile each way, the meshes of which shall be four inches square, 
except that for eel and flounder fishing, hoop nets, with suitable 
u^eshes, may be used within said bay between the fifteenth day of 
October and the first day of April. No person shall set or take any 
fish by any device known as pound or traj)-net in the waters of Great 
South bay, except so much thereof as is within the jurisdiction of the 
town of Islip and not included in the Brookhaven and Smith patents^ 
and the waters of Lake Erie, or bring any fish so taken in such waters 
to the shore, aloDg the same, or be engaged in procuring or preparing 
for market any such fish or any part thereof, or exposing fish taken 
in such nets for sale, in the counties bordering on such waters. 
Nothing in this section shall be construed as permitting the drawing 
of seines in the waters of the Hudson between the upper dock at the 
village of Sing Sing and Croton Landing, in the town of Cortland, nor 
in any of the waters between the above named points, nor in any portion 
of the Croton river, between the first day of June and the first day of 
October of any year, which drawing is hereby expressly forbidden, 
except that set nets and seines of meshes of one-half inch, may be 
used in any part of the Croton river and the bay in the Hudson river, 
lying between Croton j)oint and the village of Sing Sing, from Octo- 
ber first to May first of any year, for the purpose of catching smelts 
and frost fish, but for no other purpose. Nor shall anything in this 
section be construed to j)revent setting of fykes in the Walkill river 
in Ulster county, during the months of March and April and October 
and November. Any person violating the provisions of this section penalty, 
shall be deemed guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of fifty dollars. (As amended by chapter 
287 of the Laws of 1885.) 

§ 27. Any owner or owners or lessee or lessees of lands or lands Land 
and water, whether such owner or owners, lessee or lessees be an indi- ete!!'tcf ' 
vidual or individuals, association or associations, society or societies, notice, 
corporation or corporations, or any person, association or corporation 
having the exclusive right to shoot or hunt thereon or fish therein, 
desiring to lay out, devote or dedicate such lands or lands and water 
for the purpose of a private j)ark or territory for propagating or pro- 
tecting fish birds or game, shall publish at least once a week for three 
months, in a paper of general circulation printed • in the county or 
counties within which such lands or lands and water are situated, a 
notice substantially describing the same, or containing a diagram 
showing substantially the location of said lands or lands and water. 
And there shall be inserted in said notice, so published, a clause 



24 • THE FISH AND GA:\IE LAWS 

declaring that sucli lauds or lands and water will be used as a private 
park for the purpose of propagating and protecting fish, birds and 
game ; and it shall be the duty of such owner or owners, lessee or 
lessees, or person, association or corporation having such exclusive 
right to shoot or fish at any time during the publication of said notice, 
or within six months after the final publication thereof, to post or put 
up notices or sign boards warning all persons against trespassing 
upon such private territory, which notices or sign boards shall not be 
less than one foot square, and j^laced not more than forty rods apart 
along the entire boundary of said ptrivate park or territory, when the 
same shall consist entirely of land, and when said private park or 
territory shall consist of both land and water, the notices aforesaid 
shall be placed in conspicuous places upon said territory so there 
shall be at least one notice or sign board so placed or erected for 
every one hundred acres of said territory. And when the property to 
be protected shall consist of a lake or pond only, said notices shall be 
placed in at least four conspicuous places upon the shore of such lake 
or pond. But when said territory, or any part thereof, shall be 
inclosed by a fence or fences of reasonable capacity, for protection of 
said premises, then notices or sign boards of the dimensions aforesaid 
shall be placed on said fence or fences not more than one-half mile 
Eights of apart. After any such territory shall be dedicated and designated as 
desig- aforesaid, all fish, birds and game of, in or upon said territory, 
parks. shall be the proj^erty of the owner or owners, lessee or lessees thereof, 
or of the person, association or corporation having the exclusive right 
to shoot, hunt or fish thereon. (As amended by chapter 623, Laws of 
1887.) 
Gaming § 28. After any such territory shall have been dedicated and desig- 
in^ private nated as a private jjark in such manner as to render such fish or game 
private property, no person shall catch or take from or kill any fish, 
birds or game in or upon said grounds or the waters thereon, or put 
on such grounds or in any such waters, any poisonous or other 
deleterious substance, or pisciverous fish, or let off the waters 
from said grounds, with intent to take fish, or to destroy the fish 
or eggs placed in such waters, or deface or destroy any sign or notice 
posted or put up as aforesaid, or place any object against or near 
such fence or enclosure, with the intent to aid dogs or other animals 
to get into said grounds or to enable animals kept therein to escape 
therefrom, or enter uj^on any such ground with the implements or 
weapons for catching, taking or killing fish, birds or game with the 
intention of catching, taking or killing any fish, birds or game 



OF THE STATE OF NEW TORK. 25 

thereon, except that tiie person, association or corporation hav- 
ing the exclnsive right to shoot, hunt or fish thereon, or any per- 
son possessing a written permit from such person, association or cor- 
23oration, shall have the right to shoot or hunt on said lands and fish 
in said waters, and to enter upon said lands with dogs and kill and 
take birds or game and catch and take fish therefrom. Any person 
found guilty of any offense against this section shall he deemed guilty 
of a misdemeanor, and in addition thereto, shall be liable to the owner 
or lessee or to the person, association or corporation having the exclu- 
sive right to shoot, hunt or fish thereon, in addition to the actual 
damages incurred, in exemplary damages to the amount of twenty- 
five dollars. (As amended by chapter 623, Laws of 1887.) 

§ 29. The commissioner of fisheries of this State are hereby required ?^° ^ 
and directed to erect and maintain, at a distance of eighty rods from gear State 
any fishway established or constructed by the State, in any stream or 
water-course within its boundaries, sign-boards, on which shall be 
plainly painted or inscribed the words following, to wit : " Eighty 
rods to the fishway ; all persons are by law prohibited from fishing 
in this stream between this point and the fishway ;" said sign-board 
to be erected on both sides of the stream, above and below the 
fishway. 

§ 30. No j)erson shall catch, take or kill, or attempt to catch, take State-, 
or kill, with any implements or device whatever, any fish within a dis- 
tance of eighty rods from any fishery established by the State, within Fishing 
any stream or water-course within its boundaries, or tear down or eighty 
deface or destroy any sign-board but up by the commissioners of hibiteri. 
fisheries of this State. Any person violating any of the provisions of 
this section, providing the sign-boards mentioned in the preceding 
section shall have been erected and maintained as directed by this act, 
shall be deemed guilty of a misdemeanor, and in addition thereto 
shall be liable to a j)enalty of twenty-five dollars. 

§ 31. A State bounty of thirty dollars for a grown wolf, fifteen dol- Bounty 
lars for a pup wolf, and twenty dollars for a panther, shall be and pan- 
paid to any person or persons who shall kill any of said animals 
within the boundaries of this State. The person or persons obtaining 
said bounty shall prove the death of the animal so killed by him or Proof to 
them, by producing satisfactory affidavits, and the skull and skin of yenned' 
said animal, before the supervisor and one of the justices of the peace 
of the town within the boundaries of which the said animal was killed- 
Whereupon said supervisor and justice of the peace, in the presence 
of each .other, shall burn and destroy the said skull, and brand the 
4 



26 



THE FISH AND GAME LAWS 



Bounty, 
how paid. 



Hunting 
on Sun- 
days pl"0- 
liibited. 



Penalties, 
liow re- 
covered. 



JiidK- 
mejits, 
how en- 
forced. 



said skin bo that it uui^- bje tbereaft«n- ideiitilied, uud issue to the person 
or persons claiming- and entitled to the same, an order on the treasurer 
of the county to which said town belongs, stating^ the kind of animal 
killed, the date of killing of the same, and the amount of the bounty 
to be paid in virtue of the within se(!tion of this act, and the county 
treasurers of this State are hereby authorized and directed to pay all 
orders issued as ^foresaid; and all orders issued in the manner afore- 
said, and paid hy the treasurer of any county in this State, shall be a 
charge of said county against the State, the amount of which charge, 
on delivery of proper vouchers, the comptroller is hereby authorized 
and directed to allow in the settlement of taxes due from said county 
to the State. 

§ 32. There shall be no shooting, hunting, trapping or caging of 
birds or wild beasts, or having in possession in the open air for such 
purjjose the implements for the shooting, hunting, trajDping or caging 
of the same, on the first day of the week, called Sunday; and any 
person violating either of the provisions of this section shall be deemed 
guilty of a misdemeanor, aud in addition thereto shall be liable to a 
penalty of twenty-five dollars for e\ery such oifense. (See sections 
265, 2G9, Penal Code). 

§ 38. All penalties imposed by this act may be recovered, with costs 
of suit, by anj' person in his own name, or by any society in its name, 
upon such society giving security for costs, before any justice of the 
peace in the county where the offense was committed, or in an adjoin- 
ing county, when the amount does not exceed the jurisdiction of such 
justice, or when such suit shall be brought in the city of New York, 
before any j ustice of the district court, or of the marine court of said city ; 
and such penalties may be recovered in the like manner in &nj court 
of record in the State; but on recovery by the plaintiff in such case 
for a less sum than fifty dollars, the plaintiff shall only be entitled 
to costs to an amount equal to the amount of such recovery; 
and it shall be the duty of any district attorney in this State, 
and he is hereby required to prosecute, or to commence actions, 
in the name of the people of this State, for the recovery of the 
penalties allowed hereby, upon receiving proper mformation; and in 
all actions brought by such district attorney, one-half of the penalty 
recovered shall belong to persons giving information on Avhich tht^ 
action is brought, and the other half shall be paid to the treasurer ot 
the count}-- in which such action is brought. All judgments recovered 
in pursuance of the provisions of this act, with the interest thereon, 
may be collected, and the payment thereof enforced by execution 



OF THE STATE OF NEW YORK. 27 

against the persun; nnd aji_y pers<m imiDrisoned upon any sucli execu-, 
tion shall be so imprisoned for a period of not less than live days, and 
at the rate of one day for every dollar or fractional part thereof of 
Biich judgment and interest when the same ei-ceeds five dollars; and 
such imjirisonment shall not be satisfaction of such judginent; but no 
person shall be more than once imprisoned upon any such judgment 
or execution, and two or more penalties may be included in the same 
action. 

§ 34. Any person who shall be found guilty of a misdemeanor under Misde- 
any of the provisions of this act shall, upon conviction, be punished how pun- 
by a fine of not less than five dollars, nor more than at the rate of one 
dollar for every dollar of the penalty provided by the section so 
violated, when the same exceeds five dollars, or by imprisonment in 
the county jail or penitentiary for a period of not less than five days, 
nor more than at the rate of one day for every dollar of any such 
penalty, or by such fine and imprisonment, in the discretion of the 
court. 

§ 35. Courts of special sessions in towns and villages, and the several Courts, 
courts in cities having jurisdiction to try other misdemeanors, shall .iuris'dic- 
have jurisdiction to try offenders in all cases occurring under this act 
in the same manner as in other cases where they now have jurisdiction, 
and to render and enfore judgment accordingly. All fines recovered by 
the iDrovisions of this act shall be paid over by the court receiving the 
same to the treasurer of the county wherein the offense was commit- 
ted, except in the county of New York, and in the county of New York 
to the chamberlain in the city of New York, within ten days after their 
reception by such court, and such moneys shall be kept by such 
treasurer or chamberlain as a separate fund, to be applied to the 
enforcement of the provisions of this act, in such manner as the board 
of supervisors of the several counties, except in the city and county 
of New York, and in such city and county the board of aldermen may 
direct, either for the employment of special detectives or the payment 
of rewards for the detection and arrest of offenders, and each of the 
boards of supervisors of this State shall have power to I'aise by tax, Super- 
in the same manner as other taxes are raised for county purposes, may^raise 
such sum, not exceeding one thousand dollars in any year, as they enfoive 
shall deem proper to further aid in the enforcement of the pi'ovisions ^''^' 
of this act. It shall be the duty of every sheriff, under-sheriff, deputy Duty <.f 
sheriff, officer of police or i^oliceman, and of every constable and every et<f." 
game constable, and every bay constable to arrest, wherever found 
within this State, without warrant, any person whom they shall find 



28 THE FISH AND GAME LAWS 

violating any of tlie iDrovisions of this act, and immediately to bring 
such offender before the nearest magistrate having jurisdiction of the 
Penalty offense for examination and for trial. Any officer or magistrate who 
to ontorco shall neglect or refuse diligently to enforce the provisions of this 
act, upon proper information and complaint, shall be deemed guilty 
of a misdemeanor, and shall be punished by a fine or imprisonment, 
or by both such fine and imprisonment in the discretion of the 
court. 
Eabbit, § 36. Any person may sell or have in possession any hare or rabbit 

woodcock, or any woodcock, any ruffed grouse commonly called partridge, any 
etc., pes-' pinnated grouse commonly called prairie chicken, and any black or 
during ' gray squirrel during the month December, and any quail from the 
periods first day of January to the first day of Februarj', and anj fresh venison 
Ized. from the fifteenth day of November to the fifteenth day of December, 

and shall not be liable for any penalty under this act, provided he 
proves that such game was lawfully killed during the periods allowed 
by this act and not transported contrary' to the provisions thereof. 
(As amended by chapter 194, Laws 1886.) 
Supervi- § 37. It shall be lawful for the board of supervisors of any county, 
make"^^ at their annual meeting, to make any regulations or ordinances pro- 
anoea for tecting other birds, fish or game than those mentioned in this act, and 
orflsh,^°° also for the further protection of such birds, fish or game as are in 
■ this act mentioned, excejDt wild deer, and to this end to prohibit hunt- 
ing or fishing in particular localities or waters lying within their 
respective counties, for limited periods and during certain months of 
the year, and to prescribe punishments and penalties for the violation 
thereof, and adopt all necessary measures for the enforcement of such 
Pni)iiea- punishment and the collection of such penalties. And such regula- 
'"'" " '® '^ tions and ordinances shall be published in the papers in such, 
county in which the session laws are i^ublished ; and a 
certified copy thereof shall be filed in the office of the clerk of 
Proviso, the county; provided, however, that nothing herein contained 
shall be construed as conferring upon the board of supervisors of any 
county the right or authority to prohibit the owner or owners, in 
whole or in j)art, of lands and waters wholly private, or the lessee or 
lessees thereof, whether such owner or owners, lessee or lessees be an 
individual or individuals, association or associations, society or 
societies, corporation or corporations, from angling and taking fish in 
a lawful manner during the months now allowed by the laws of this 
To whom State. This act is intended to apply only to such owner or owners, in 
' ^^ ^' whole or in part, of lands and waters, or the lessee or lessees thereof. 



OF THE STATE OF NEW TOEK. 29 

who shall have complied with the provisions of section twenty- 
seven of said chapter five hundred and thirty-four of the Laws 
of eighteen hundi-ed and seventy-nine, and the acts amend- 
atory thereof. (As amended by chapter 212, of the Laws of 
1884). 

§ 38. It shall be lawful for the boards of supervisors of the several Game eon- 
counties of this State, except as by this section hereinafter further super-"' 
provided as to the county of Kings, by the affirmative vote of a may au- 

tJiorizc 

majority of the members elected, at a regular meeting of such boards, election of 
respectively, to authorize the election in each or any of the towns or 
cities of their respective counties of one or more officers to be desig- 
nated game constable, who shall be chosen at town meetings as other How 
town officers are chosen, and hold office for the term of one year; and 
he or they shall take the oath of office the same, and be invested with 
and have the same powers in serving process under this act, that town 
constables now possess in serving civil process; but such game con- 
stable for the entire county of Kings may be appointed by the Game con- 
board of supervisors at any regular meeting, and he or they shall kings 
hold office to the last day of December next after his appointment, 
and until his successor shall be appointed and qualified; and all suits 
j)rosecuted by such game constable for the county of Kings, for 
penalties Tinder the provisions of this act,, may be prosecuted in the 
county court of Kings county, or in the city court of Brooklyn; and 
in case a recovery shall be had in such suits for less than fifty dollars, 
the plaintifE shall be entitled to costs to the amount of such recovery. 
Warrants of arrest may be issued by such courts in such actions 
prosecuted by the game constable of Kings county, as in cases pro- 
vided for by section one hundred and seventy-nine of the Code of 
Procedure, except that no undertaking shall be requii'ed on behalf of 
the plaintiff, and the judgments may be enforced by execution 
against the person, and the sheriff of said county shall not be 
entitled to any deposit or pay from the plaintiff under the 
provisions of chapter eight hundred and thirteen of the laws of 
eighteen hundi-ed and sixty-nine. It shall be the duty of the game Duty of 
constable, after reliable information, to prosecute all violations of this stables, 
act, and he shall receive such compensation for his services as is 
allowed by law for like services to constables of towns, and also one- 
half of all penalties recovered by him for violations of this act. In 
cases of neglect or refusal of any game constable to prosecute any 
such violation, he shall forfeit the penalty of twenty-five dollars, to be 
sued for and recovered as specified in this act. Whenever any game 



30 THE FISH AND GAME LAWS 

constable shall fail to recover the penalty in any prosecution com- 
menced by him pursuant to this section, the cost of suit incurred by 
him shall be charged against the count}^ and it shall be the duty of 
the board of supervisors of the county to audit and allow the same, 
as other county charges are audited and allowed. (As amended by 
chapter 595, Laws 1872.) 

§ 39. Any justice of the marine or district court in the city of New 
York, or any justice of the peace, police or other magistrate, upon 
receiving sufficient security for costs on the part of the complainant, 
and sufficient proof by affidavit that any of the provisions of this act 
have been violated by any person being temporarily within its juris- 
diction, but not residing there permanently, or by any person whose 
name and residence are unknown, is hereby authorized to issue his 
warrant for the arrest of such offender, and to cause him to be 
committed or held to bail to answer the charge against him; and any 
such justice or magistrate, upon receiving proof or probable" cause 
for believing in the concealment of any game or fish mentioned in 
this act, and taken during any of the periods prohibited, and upon 
the complainant'w giving security, to be approved by such magistrate, 
for the damage which the defendant in the case may sustain in conse- 
quence of the complaint, provided he shall be found not to have 
violated the law, shall issue his search warrant and cause search to be 
made in any house, market, boat, car or other building, and for that 
end may cause any apartment, chest, box, locker, crate or basket to be 
broken open and the contents examined. 

§ 40. All acts and parts of acts for the preservation of wild deer, 
birds, fish and game, including section 2 of chapter 183 of the 
Laws of 1875, are hereby repealed, except such acts and parts of acts 
as relate to the commissioners of fisheries, and the establishment of 
fishways, the construction of dams across the rivers of this State, 
the protection and preservation of shell-fish, the incorjiora- 
tion of any company for the protection and propagation of fish 
and game, the election of bay constables, the laws conferring 
upon the boards of supervisors special powers to legislate for the pro- 
tection of fish, birds and game, and the laws regulating shad fishing ; 
saving, nevertheless, so much of said acts as may be necessary to sus- 
tain any right of recovery or condition thereunder for actions or prose^ 
cutions heretofore commenced. 

§ 41. One moiety of the penalties herein before prescribed, shall be 
given to the informant, upon conviction of the offender or offenders, 
and the collection thereof. It shall be lawful to fish through the ice 



OF THE STATE OP NEW YOEK. 31 

and to take fish, except trout, black bass and pike, with spear and set FishinR 
lines, in the waters of Seneca lake. Lake Keuka and Canandaigua lake the ice and 
'^As amended by chapter 618, of the Laws of 1887; N. Y. Assoc, etc., v. fish in 
Durham, Super. Ct. [J. & S.], 306. fakes^.^ 



Chaptek 531, Laws of 1880. 

§ 6. Any action brought or prosecuted by any district attorney, Actions by 
pursuant to the provisions of the act hereby amended, may be discon- attorneys. 
tinned by such district attorney, and neither costs nor disbursements 
in such action shall be recovered by any defendant therein. 

§ 7. No person shall take, catch or kill any California trout in any Not to. 
of the waters of this State, in any way or by any device, between the tprnia^' 
fifteenth day of May and the first day of September. No person shall 
knowingly sell or purchase or have in possession any California trout 
killed, taken or caught in the waters of this State during the period 
aforesaid. Any person violating the provisions of this section shall Penalty, 
be deemed guilty of a misdemeanor, and in addition thereto shall be 
liable to a penalty of tv/enty-five dollars for each offense. 

§ 2. Grame constables, constables, sheriffs and deputy sheriff's, shall (Jon- 
have the same powers as are conferred upon game protectors for the Sheriffs, 
enforcement of the provisions of chapter five hundred and thirty -four ers under 
of the Laws of eighteen hundred and seventy-nine and the amendments laws. 
thereto, and shall be entitled to the same fees therefor. (Sec. 2 of 
chap. 429, Laws 1886.) 



OTHER GENERAL AND LOCAL ACTS, 

AS AMENDED TO DATE. 



Chapter 361 of the Laws of 1879. 

An Act for the preservation of song and small birds. 

Section 1. No person shall kill, wound, trap, net, snare, catch with sonj? 
bird lime, or with any similar substance or drug, or in any other certain 
manner capture, or sell, or expose for sale or transport, during the ^'hon^not 
months of April, May, June, July, August, September or October in killed, etc. 
any yeao-j any bird of song, or any linnet, blue bird, yellow hammer. 



32 THE FISH AND GAME LAWS 

yellow bird, thrush or woodpecker, cat bird, pewee, swallow, martin, 

blue jay, oriole, kildee, suow bird, grass bird, gross beak, phoebe bird. 

humming bird, black bird, wren, excepting birds bred in a cage or 

imported from Europe or the southern United States. No person 

shall kill or expose for sale, or have in his possession after the same 

Robins, has been killed, any robin, meadow lark, or starling between the first 

raeadoAV 

larks and day of January and the fifteenth day of October, save only when such 

birds are killed on premises of the person killing, and while they are 
Excop- destroying fruit. This section shall not apply to any person who 
shall kill any bird for the purpose of studying its habits or history 
Appiica- or having the same stuffed and set up as a specimen. This act shall 
apply only to the counties of New York, Kings, Albany, Richmond 
and Rensselaer. 
Penalty. § 2. Any person violating this act shall be deemed guilty of a mis- 
demeanor, j^unishable bv imprisonment in the county jail or peniten- 
tiary, of not less than five or more than thirty days, and shall also be 
liable to a penalty of fifty dollars, to be recovered with costs, by any 
person suing therefor in his own name. 

Tenaities, S 3. In all actions for the recovery of penalties under this act, 
how dls- J I ' 

tiibuted. one-half of the recovery shall belong to the plaintiff, and the 

remainder shall be paid to the county treasurer of the county where 

the offense is committed, except if the offense be committed in the 

city and county of New York then said remaining half penalty shall 

be paid to the chamberlain of said city. 

(Sections 1, 2 and 3 included in N. Y. City Consalidated Act, L. 1880, 

Ch. 410; see Commissioners' Reports of 1881 and 1882, p. XVII.) 



Chapter 427, Laws 1886. 

An Act for the jDreservation of song and wild birds. 

Killing, Section 1. No person in any of the counties of this State, shall kill, 

or sale of wound, trap, net, snare, catch with bird lime, or with any similar sub- 
song and stance, jDoison or drug, any bird of song or any linnet, blue bird, yel- 
prohihited low hammer, yellow bird, thrush, woodpecker, cat bird, pewee, swallov.', 
martin, blue jay, oriole, kildee, snow bird, grass bird, gross beak, 
bobolink, phoebe bird, humming bird, wren, robin, meadow lark, or 
starling, or any wild bird, other than a game bird. Nor shall any 
person purchase, or have in possession or expose for sale any such 
song or wild bird, or any part thereof, after the same has been killed. 
For the purposes of this act the following only shall be con&idered 



or THE STATE OF NEW YORK. ^ 33 

game birds: The Anatidee, commonly known as swans, geese, brant, "Game 
and river and sea ducks; the Eallidse, commonly known as rails, coots, fined, 
mud-hens and galli mules; the Limicolse, commonly known as shore 
birds, plovers, surf-birds, snipe, woodcock, sand pipers, tatlers and 
curlews; the G-allinae commonly known as wild turkeys, grouse, prairie 
chickens, pheasants, partridges and quails. 

§ 2, No person shall take or needlessly destroy the nest or eggs of Nests or 
any song or wild bird. ^^^^' 

§ 3. Sections one and two of this act shall not apply to any person scientific 
holding a certificate giving the right to take birds, and their nests and emptions 
eggs for scientific j)urposes, as provided for in section four of this act. 

§ 4 Certificates may be granted by any incorporated society of Certificate 
natural history in the State through such persons or officers birds, 
as said society may designate, to any properly accredited etc!, for 
person of the age of eighteen years or upward, permitting the how 
holder thereof to collect birds, their nests or eggs, for strictly ^^ 
scientific purposes only. In order to obtain such certificate, the appli- Condi- 
cant for the same must present to the person or persons having the thereof, 
power to grant said certificates, written testimonials from two well- 
known scientific men, certifying to the good character and fitness of 
said applicant to be entrusted with such privilege ; must pay to said 
persons or officers one dollar to defray the necessary expenses attend- 
ing the granting of such certificates ; and must file with said persons 
or officers a properly executed bond, in the sum of two hundred dol- 
lars, signed by two responsible citizens of the State as sureties. This 
bond shall be forfeited to the State, and the certificate become void penalties 
upon proof that the holder of such a certificate has killed any bird, or tion ^of^' 
taken the nest or eggs of any bird for other than the piirposes named ^^''" 
in sections three and four of this act, and shall be further subject for 
each such offense to the penalties provided therefor in sections seven 
and eight of this act. (As amended by chapter 373, Laws 1887.) 

§ 5. The certificates authorized by this act shall be in force for one Term 
year only from the date of their issue, and shall not be transferable. '^^^^ ' 

§ 6. The English or Euroj)ean house sparrow (Passer domesticus), English 

is not included among the birds protected by this act, and it shall be sparrow 
® 1 .; ' andcer- 

cousidered a misdemeanor to intentionally give food or shelter to the tain other 

same. The crow, hen-hawk, owl and black bird are not protected by eepted 

this act. It shall be lawful to shoot robins and black birds on Long tection ; 

Island and Staten Island from the first day of November to the first etc.. on 

day of January in each year. (As amended by chapter 641, Laws of Island. 

1887.) 



34 



THE FISH AND GAME LAWS 



Penalty 
for viola- 
tions of 
act. 



Penalties 
recovered 
how ap- 
plied. 



Repeal. 



Non-resi- 
dent not 
to shoot 
game 
without 
license, 
etc. 



§ 7. Any person or persons violating- any of the provisions of this 
act shall be deemed guilty of a misdemeanor, punishable by imprison- 
ment in the county jail or penitentiary, of not less than live or more 
than thirty days, or to a fine of not less than ten or more than fifty 
dollars, or both, at the discretion of the court. 

§ 8. In all actions for the recovery of penalties under this act, one 
half of the recovery shall belong to the plaintiff, and the remainder 
shall be paid to the county treasurer of the county where the offense 
is committed, except if the offense be committed in the city and county 
of New York, the remaining one-half shall be paid to the chamberlain 
of said city. 

§ 9. All acts or parts of acts inconsistent with, or contrary to the 
provisions of this act, are hereby rei^ealed. 

(See Laws 1879, Ch. 534.J 



Chapter 185, Laws of 1884. 

An Act for the better protection of game in Richmond county. 

Section 1. From and after the passage of this act, it shall not be 
lawful for any non-resident of the county of Richmond to shoot game 
in any of the towns of said county without having first obtained from 
a justice of the peace, living in said county, a license for the privilege 
of so doing. The fee for such license, which shall be good only dur- 
ing the year in which it is granted, shall be ten dollars, and shall be 
granted as of course by the justice applied to, unless he has proof 
that the applicant has been convicted of a violation of this act. 

§ 2. The money so received by said justices of the peace for such 
license fees shall be paid by them monthly to the treasurer of said 
county of Richmond. 

§ 3. Any person violating any of the provisions of this act shall, 
upon conviction, be fined not less than ten nor more than twenty-five 
dollars. 



Unlawful 
to kill 
ruffed 
grouse. 



Chapter 485, Laws of 1885. 

An Act relating to game iu the counties of Queens and Suffolk. 

Section 1. No person shall kill, or have in possession after the same 
has been killed, in the counties of Queens and Suffolk, any ruffed 
grouse, commonly called partridge, from the first day of January- to 
the first day of November in each year, under a penalty of twenty-five 
dollars for each bird or animal so killed or had in possession. 



OF THE STATE OF NEW YOKE. 35 

§ 2. No person shall, in said counties, kill or have in possession any ibid. Bay 
bay snipe, sandpiper, shore bird or plover from the first day of Jan- plover, etc 
uary to the tenth day of July in any year, or any rail bird or meadow 
hen from the first day of January to the first day of September in any 
year, under a penalty of ten dollars for each bird so killed or had in 
'possession. 

§ 3. All ]3enalties imposed by this act may be recovered, with costs Penalties, 
of suit as fixed by the Code of Civil Procedure, by any person in his covered, 
own name, or by any incorporated society in its name, before any 
justice of the peace in the county where the offense was committed, or 
in any adjoining county, where the amount recovered does not exceed 
the jurisdiction of said justice, and such penalties may be recovered 
in the like manner in any court of record in said counties. 

§ 4. Any person violating any of the provisions of this act shall be Violation 
deemed guilty of a misdemeanor, and, upon conviction, shall be pun- a misde^*^ 
ished by a fine of not less than five dollars, or of not more than at the °^^^^°^- 
rate of one day for every dollar of the penalty provided by the section 
so violated, or by imprisonment in the county jail or penitentiary for a 
period of not less than five days nor more than at the rate of one day 
for every dollar of any such penalty, or by both such fine and impris- 
onment in the discretion of the court. 

(See Laws 1879, Ch. 534.) 



Chaptee 247, Laws 1886. 

An Act to protect wild goose, duck, brant, teal, coot, dipper and 
greebe in Chautauqua county. 

Section 1. No person shall kill, shoot, hunt or pursue any wild 
goose, duck, brant, teal, coot, dipper or greebe in Chautauqua county 
between the first day of February and the first day of September in 
each year. Any person or persons found guilty of violating this act 
shall be punished by a penalty of twenty-five dollars or thirty days in 
county jail, or both, as the court may determine. All actions for 
penalties for violation of this act may be made before a justice of the 
peace or any court having jurisdiction in Chautauqua county. The 
money collected under this act shall be divided equally between 
the poor fund of the county and the person or persons making the 
complaint. 

§ 2. All acts or parts of acts inconsistent with this act are hereby 
repealed. 

(See Laws 1879, Ch. 534.) 



36 THE FISH AND GAME LAWS 

Chaptek 395, Laws 1886. 

An Act prohibiting tlie killing of quail and ruffed grouse, com- 
monly called partridge, within the county of Niagara, for the 
period of three years from and after the passage of this act. 

Section 1. No person shall, at any time for the period of three 
years, from and after the passage of this act, within the county of 
Niagara, kill, trap or snare any quail or ruffed grouse, commonly 
called partridge, under a penalty of twenty-five dollars for each quail 
or ruffed grouse so killed, trai^j^ed or snared. Any person offending 
any of the preceding provisions of this section shall be deemed guilty 
of a misdemeanor, and shall be prosecuted as directed in section 
thirtj-'-three of chapter five hundred and thirty-four of the Laws of 
eighteen hundred and seventj'-nine, for the preservation of moose, 
wild deer, birds, fish and other game, passed June twentieth, eijjhteen 
hundred and seventy-nine. 

(See Laws 1879, Ch. 534.) 

Chaptek 430, Laws 1886. 

An Act for the protection of game in the counties of Chautauqua 
and Cattaraugus. 

Certain SECTION 1. No person shall ship, transfer or take, without the 

fe^ted.^^ " counties of Chautauqua or Cattaraugus, any ruffed grouse, commonly 
called partridge, woodcock, snipe or plover, for the purpose of sale or 
trade, the same having been taken or killed Avithin either of said 
counties. 
Penalty § 2. Any person violating any of the provisions of this act shall be 

t?on^"of deemed guilty of a misdemeanor, and, upon conviction, shall be 
punished for. each and every bird so shipped, transferred or taken 
without the bounds of said counties for the purpose of sale or trade, 
by a fine of not less than twenty-five dollars nor more than one 
hundred dollar, or by imprisonment in the county jail or penitentiary 
for a ]Deriod of not less than twenty-five days nor more than at the rate 
of one day for every dollar of any such penalt}', or by both such fine 
and imprisonment in the discretion of the court. 
Penalties, § 3 All jDenalties imposed by this act may be recovered with costs 
covereli. of suit, as fixed by the Code of Civil Procedure, by any person in his - 
own name, or by any incorpox-ated society in its name, before any 1 
justice of the peace in said county, or in any adjoining county where ' 



OF THE STATE OF NEW YOBK. 37 

tlie amount recovered does not exceed the jurisdiction of said justice, 
and such penalties may be recovered in like manner in any court of 
record in said county. 
(See Laws 1879, Ch. 534.) 



Chaptee 542, Laws 1886. 
An Act in relation to tlie shooting of quail upon Bobins Island. 

Section 1. The shooting- of quail upon Kobins Island, in the county 
of Suffolk, so long as such island remains the property of the Robins 
Island Club, shall be permitted to be done by the members of that 
club and their guests on and after the fifteenth day of October in each 
year, and until the first day of February in the year following. 

(See Laws 1879, Ch. 534) 



Chaptee 416, Laws 1881. 

An Act to exempt the waters of Otsego lake from the provisions 
of sections eighteen, twenty and twenty-three of chapter five 
hundred and thirty-four, of the Laws of eighteen hundred and 
seventy-nine, entitled " An. act for the preservation of moose, 
wild deer, birds, fish and other game, and from the provisions of 
said section twenty- three as amended by chapter four hundred 
and thirty-one of the Laws of eighteen hundred and eighty — 
repealing section eight of chapter four hundred and thirty-one 
of the Laws of eighteen hundred and eighty — and for the pro- 
tection and preservation of fish in the waters of Otsego lake." 

Section 1. The waters of Otsego lake, in the county of Otsego, are otsego 
hereby excepted from the provisions of sections eighteen, twenty and empted 
twenty-three of chapter five hundred and thirty-four of the Laws of named.^ 
eighteen hundred and seventy-nine, and from the provisions of said 
section twenty-three as amended by section one of chapter five 
hundred and thirty-one of the Laws of eighteen hundred and eighty. 

§ 2. Section eight of chapter five hundred and thirty-one of the 
Laws of eighteen hundred and eighty is hereby repealed. 

§ 3. Until the board of supervisors of the county of Otsego shall, Taking 
under and in pursuance of section thirty-seven of chapter five hundred by hook 
and thirty-four of the Laws of eighteen hundred and seventy-nine, prohibited 
make provisions for the protection and preservation and regulating supervis- 
the taking of fish from the waters of said Otsego lake, no person shall 
kill or catch, or attempt to take, kill or catch any fish in the waters 



SS THE FISH AND GAIHE LAWS 

of Otsego lake in any jnanu'rr or with any device except angling with 
Penalty, hook and line held in hand. Any person violating the provisions of 
this section shall be deemed guilty of a misdemeanor, and, in addition 
thereto, shall be liable to pay a penalty of one hundred dollars for 
each and every offense, to be recovered as jjrovided in section thirty- 
three of chapter five hundred and thirty-four of the Laws of eighteen 
hundred and seventy-nine, and as provided in chajster five hundred 
and thirty-one of the Laws of eighteen hundred and eighty. 
(See Laws 1879, Ch. 534.) 



Chapter 410, Laws of 1882. (Consolidation Act.) 

Songbirds SECTION 2025. No j)erson shall kill, wound, trap, net, snare, catch 
tain with bird lime, or with any similar substance or drug, or in any other 

when not manner capture or sell, exjDOse for sale, or transport during the months 
killed. of April, May, June, July, August, September or October, in any year 
any bird of song, or any linnet, blue-bird,- yellow-hammer, yellow- 
bird, thrush, woodpecker, cat-bird, pewee, swallow, martin, blue-jay, 
oriole, kildee, snow-bird, grass-bird, grossbeak, i^hoebe-bird, humming- 
bird, blackbird, wren, excepting birds bi-ed in a cage or imported 
from Europe or the southern United States. No jDerson shall kill or 
expose for sale, or have in his possession after the same has been 
killed, any robbin, meadow-lark, or starling, between the first day of 
January and the fifteenth day of October, save only when such birds 
are killed on the premises of the person killing, and while thej are 
Excep- destroying fruit. This section shall not ajoply to any person who 
shall kill any bird for the purjDOse of studj^ing its habits or history, 
Penalty, or having the same stuffed and set up as a specimen. Any person 
violating this section shall be deemed guilty of a misdemeanor, pun- 
ishable by imprisonment in the county jail or penitentiary, of not less 
than five or more than thirtj' days, and shall also be liable to a penalty 
of fifty dollars, to be recovered with costs, by any person suing there- 
Penalties, for in his own name. In all actions for the recovery of penalties under 
how dis- . . . 

tributed. this section, one-half of the recovery shall belong to the j)laintiff, and 

the remainder shall be paid to the chamberlain. 

Issue of 8 1306. Anv justice of a district court upon receiving sufficient secu- 
warrants s ^ j x o 

of arrest ritv for costs on the part of the complainant, and sufficient proof by 
in action " ^ i ' i j 

under affidavit that any of the provisions of chapter five hundred and 
game law. ^ x j. 

thirty -four of the Laws of eighteen hundred and seventy-nine, 

entitled "An act for the preservation of moose, wild deer, birds, 

fish and other game," have been violated by any person being tempo- 



OF THE STATE OF NEW YORK. 39 

I'arily within its jurisdiction, but not residing there iDermanentlj, orby 
.any person whose name and residence are anknown, is hereby author- 
ized to issue his warrant for the arrest of such offender, and to cause 
him to be committed or held to bail to answer the charge against him ; 
and any such justice, upon receiving proof or probable cause for 
believing in the concealment of any game or fish mentioned in said 
act, and taken during any of the periods prohibited, and upon the 
complainants giving security, to be approved by such magistrate, for 
the damage which the defendant in the case may sustain in conse- 
quence of the complaint, provided he shall be found not to have 
violated the law, shall issue his search warrant, and cause search to Search 
be made in any house, market, boat, ca,r. or other building, and for 
that end may cause any apartment, chest, box, locker, crate or basket 
to be broken open and the contents examined. 



K I S H. 

Chapter 498, Laws 1887. 

Aj^ Act authorizing possession and sale in the city of New York of 
salmon-trout and certain other varieties of fish taken from 
waters outside of this State. 

Section 1. It shall be lawful to have in possession and to sell within Sale in 
the city of New York, at any time, salmon-trout sometimes known as city of fish 
lake trout, also the large mouthed black bass of North Carolina and side of*the 
Virginia locally known as chub, and pike perch, sometimes known as 
wall-eyed pike, said varieties of fish to be lawfully taken from waters 
outside of this State. 

§ 2. None of the provisions of laws heretofore enacted for the pre- Game 
servation of fish or other game within this State shall be construed to be con- 
to prohibit or interfere with the possession or sale in the city of New 
York only, of the above specified fish taken from the waters outside of 
this State, provided that it be proven in any action or prosecution for 
such possession or sale, that such fish was lawfully taken from waters 
outside of this State. 



40 



THE FISH AND GAIME LAWS 



Salmon, 
catching 
of, by ang- 
ling. 



Period, 

limited. 



Salmon 
caught in 
net to be 
restored 
to water. 



Eoser- 
vation. 



Violations 
a misde- 
meanor; 
how pun- 
ished. 
Actions, 
how 
brought. 



Repeal. 



Chapter 530, Laws 1887. 

An Act for the protection and preservation of salmon in the 
waters of this State. 

Passed June G, 1887; three-fifths being present. 

Section 1. No person shall at any time kill or catch, or attempt to 
kill or catch, salmon in the waters of this State with any device or in 
any manner, save that of angling with line or rod held in hand. 

§ 2. No person shall catch, or attempt to catch or kill, any salmon 
in said waters save only from the first of March to the fifteeenth day 
of August in each year. 

§ 3. Any person using nets in that part of the Hudson river within 
the jurisdiction of this State, in fishing for other fish allowed to be 
taken therein by nets, shall upon catching any salmon immediately 
return and restore the same to the water without injury. The fore- 
going provisions are not to apply to the operations of State or public 
hatcheries or to the artificial propagation of said fish by State or pub- 
lic authority. 

§ 4 Any person violating any of the foregoing provisions of this 
act shall be deemed guilty of a misdemeanor, and, in addition, shall 
be liable to a penalty of one hundred dollars, or one day's imprison- 
ment for each dollar of fine; any informer to receive one-half of said 
fine. Actions for any violations of this act may be brought before 
any justice of the peace in any county which borders on the river or 
water opposite where the offense was committed without regard to 
channel boundaries. 

§ 5. AU acts inconsistent with this ' act are hereby repealed. 



Fishing 
with a 
seine pro- 
hibited. 



Chaptee 247, Laws 1884. 

An Act for the preservation of fish in the Hudson river. 

Section 1. No person shall draw or use any seine, or catch or kill 
any fish by means of any seine in any of the waters of the Hudson 
river contained, between any trestle or bank of any railroad running 
along said river and the adjacent bank of said river. And any person 
violating any of the provisions of this section shall be deemed guilty 
of a misdemeanor. 



OF THE STATE OF NEW YORK. 41 

Chapter 522, Laws 1886. 

An Act to proMbit tlie use of pound nets and purse nets in the 
Hudson river, between tlie first day of June and the fifteenth 
day of October. 

Section 1. No i^ound net or purse net shall be used or set in the 
waters of the Hudson river, from the first day of June iintil the 
fifteenth day of October in each and every year. 

§ 2. Any person violating the provisions of this act shall be deemed 
guilty of a misdemeanor. 

(See Laws 1879, Ch. 534) 

Chapter 226 Laws 1886. 

An Act to regulate fishing in the town of Saugerties, Ulster 

county. 

Section 1. Any person having in his or her possession on the shores, 
banks or waters of the Esopus creek, ia the town of Saugerties, above 
the dam at the village of Saugerties, or the shores, banks or waters of 
any lake or stream of water in said town of Saugerties, other than the 
Hudson river and the Esopus creek below the dam, at said village of 
Saugerties, at any time, any snare net, set-line, fike, pot or other 
devices of an kind used in taking fish, except hook and line held in 
the hand or attached to fishing rods, shall be deemed guilty of a mis- 
demeanor, and in addition thereto shall be liable to a penalty of 
twenty-five dollars,-to be sued for and recovered by the game constable 
of said town of Saugerties. 

§ 2. The taking of minnows for bait by scap-nets in the Esopus 
creek proper is not intended to be prohibited by this act. 

(See Laws 1879, Ch. 534.) 



Chapter 407, Laws 1887. 

An Act for the preservation and propagation of shad in the 
Hudson river. 

Passed May 19, 1887. 

Section 1. No person shall take any shad from the waters of the Hud- 
son river, above the northern boundary line of Westchester county, 
by means of any seine, net or any other device whatever, from sun- 
set on Saturday to sunrise on the following Monday, between the 
fifteenth day of March and the fifteenth day of Juce in each year. 

6 



42 THE FISH AND GAME LAWS 

And any such person violating- any of the provisions of this section 
shall be deemed guilty of a misdemeanor, and, in addition thereto, 
shall be liable to a penalty of fifty dollars for each offense. 



Chaptee 556, Laws 1885. 

An Act to prevent the taking of fish from the w^aters of Chautauqua 
lake, by other means than ani:5liug. 

Fishing Section 1. No i^erson shall at any time kill in Chautauqua lake, or 

hook and take from the waters thereof, any fish of any kind, except as taken by 
hibited. the commissioners of fisheries for the purpose of artificial proi:)agation 
or the stocking of other waters, by any^ device or means whatever, 
otherwise than by hook and line. 
Unlawful § 2. No person shall have in his or her possession, at any time, in 
trap, net, or upon the ice or waters of Chautauqua lake any trap or pound net, 
posses- stake poles, fish house, spear, instrument or device of any kind which 

may be used for killing or taking fish, except a hook and line. 
Penalty. § 3. Any person violating this act shall be guilty of a misdemeanor, 

and liable to a jDenalty of fifty dollars for each offense. 
Penalties, § 4. All jjenalties imposed by this act may be recovered with costs of 
of. suit before any justice of the peace in any town bordering on Chau- 

tauqua lake, or in a court of record in Chautauqua county. The 
district attorney of said county is hereb}^ required to commence action 
in the name of the people of the State of New York, for the recovery 
of the penalties hereby allowed, immediately upon receiving pro])er 
information of the violation of this act; and any penalty so recovered 
. in a court of record shall be paid to the superintendent of the 
Howdis- poor of said county for the benefit of said county poor. One-half 
pose o . ^£ ^^^ penalt}' recovered under this act before any justice of the 
peace shall belong to the person giving information upon Avhich 
the action is brought, and the other one-half shall be paid to the 
supervisor of the town in which the action is brought, for the 
Collection use of said town. All judgments for penalties recovered 
ments.^ under this act with the interest thereon, may be collected 
and payment enforced thereon by execution, and in case of failure 
to pay the same or any part thereof, the person on whom such pen- 
alty is imjjosed shall be committed to the county jail of said county 
for a period of not less than ten days, and at the rate of one day for 
every dollar thereof. Such imprisonment shall not be a satisfaction 
for such judgment. All charges under this act when made before a 



OF THE STATE OF NEW YORK. 48 

justice of the peace shall be a town charge ; when in a court of record, 
a county charge. 

§ 5. That portion of chapter four hundred and eighty-two of the Conflict- 
Laws of the State of New York, passed eighteen hundred and seventy- repealed, 
five, and chapter one hundred and twenty-two of the Laws of New 
York, passed eighteen hundred and seventy-eight, and all other acts 
or parts of acts as are inconsistent and conflicting with this act, relative 
to the taking of fish from Chautauqua lake, or relative to the powers 
conferred upon the board of supervisors to regulate such taking of 
fish from Chautauqua lake, are hereby repealed. 

(See Laws 1875, Ch. 482.) 



Chapter 395, Laws 1887. 

An Act to prohibit catching or killing fish during certain seasons 
of the year in the county of Steuben. 

Section 1. It shall be unlawful for any person to catch, kill or expose Catching 
for sale or have in possession after the same has been caught or season for. 
killed, any speckled trout, brook trout, or California trout, in the 
county of Steuben, only from the first day of May to the first day of 
August in each year. 

§ 2. No person shall shoot or spear any fish in the Cohocton river. Shooting 
or any of its tributaries within the county of Steuben, from the first ing of flsh, 
day of Api-il to the first day of July in each year. h'lbited^*^' 



Chapter 603, Laws 1886. 

An Act for the better protection of fish in Lake Champlain, its 
bays and tributaries. 

Section 1. No person or persons shall catch or kill, or attemjDt to Fishing in 
catch or kill, any fish of any kind in all that part of Lake Champlain, Eake*^ 
its bays or tributaries, lying or being between the south end of said plain reg- 
lake, in the town of Whitehall, Washington county; and Chimney"'**^ 
Point, in Essex county, with anj set line, seine, gill net, hook net, 
fyke net, pound net, or net of any kind whatsoever, excej^t for catch- 
ing minnows for bait, at any time of the year. 

§ 2. Neither shall any person or persons have in his, her or their Posses- 
jDOssession any muscalonge, black or Oswego bass, pike or pickerel, tain flsh*^"^" 
between the first day of January and the fifteenth day of June in hibited.'*'" 
any year. 



44 THE FISH AND GAME LAWS 

Penalties § 3. Any person or persons violating any of the provisions of this 

tion there- section, or any of the above sections, shall be guilty of a misdemeanor, 

and ujion conviction thereof shall be subject to a tine of one hundred 

dollars for each an every net of any kind so used, and in addition 

thereto shall pay the sum of five dollars for each and every fish caught 

in any net, or had in possession, contrary to the provisions of this act, 

or imprisoned in the county jail at hard labor for a period not to 

exceed one day for each dollar of penalty, with costs imposed. 

Penalties, S 4. The above penalties to be paid to the countv treasurer of the 

how dis- o J. i 

posed of. county in which the offense was committed, and one-half of the above 

penalties shall be j)aid by the county treasurer to the complainant on 

an order from the court before whom the same was tried and adjudged. 

Jurisdic- § 5. Any justice of the peace shall have power and authority to 

impose fines and imprisonments for violation of any of the above 

sections, even if said penalty exceed the limits of the justice court. 

Powers of § 6. The game constables elected in either Washington or Essex 

stables. counties shall have power and authority to arrest, with or without 

warrant, and bring before the most convenient justice of the peace, in 

the county where arrested, any person or persons foimd violating any 

of the foregoing sections. 

(See Laws 1879, Ch. 534.) 

Chapter 334, Laws 1886. 

An Act to regulate the maintenance and construction of eel weirs 
in the Oneida river. 

Section 1. It shall be lawful to build and maintain in the Oneida 
river eel weirs of which the lath are not less than one-half an inch apart. 

§ 2. All acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 



Chaptee 141, Laws 1886. 

An Act to prevent taking fish from the waters of Lake Ontario 
adjacent to the shore of Jefferson county, or from the inland 
waters of said county, by other means than angling. 

Fishing in SECTION 1. No person shall at any time kill or take from the waters 
son bay of Henderson bay or Lake Ontario within one mile from the shore 
tain^ between the most westerly point of Pillar Point and the boundary line 

prohibited between the counties of Jefferson and Oswego, or within one mile from 
the shore of any island in Lake Ontario which is part of Jefferson 



OF THE STATE OF NEW YORK. 45 

comity, except Grenadier Island and Fox Island, or from the waters 
of any creek, lake or river, or inland waters in the count}- of Jefferson, 
any fish of any kind by any device or means whatever, otherwise than 
by hook and line or rod held in hand. But this section shall not ajDply Proviso, 
to or prohibit the catching of minnows for bait, provided the person 
using nets for that purpose shall not set them and shall throw back 
any trout, bass or other game fish taken, and keep only chubs, dace, 
suckers, or shiners. 

§ 2. Any person violating any of the provisions of this act shall be Penalty. 
guilty of a misdemeanor^ and liable to a penalty of fifty dollars for 
each offense. 

§ 3. All penalties imposed by this act may be recovered with costs Penalties 
of suit before any justice of the peace or in any court of record in coT^mi. 
Jefferson county. The district attorney of said county is hereby 
required to prosecute actions in the name of the people of the State 
for the recovery of the penalties hereby imposed immediately upon 
receiving proper information of the incurring of a liability to pay said 
penalty. Any penalty so recovered in a court of record or before a 
justice of the peace shall be j)aid as follows: One-half thereof to the How ap- 
person informing the district attorney, and one-half to the superin- 
tendent of the poor of said county, for the benefit of the county poor. 
All costs or charges incurred in any such prosecutions shall be a 
county charge. 

(See Laws 1879, Ch. 534.) 



Chaptek 366, Laws 1887. 

An Act to prevent taking fish from the waters of Lake Ontario 
adjacent to the shore of Cape Yincent by other means than 
angling. 

Section 1. No person shall at any time kill or take from the waters 
of Lake Ontario, within one mile from shore between Tibbets Point at 
the mouth of the St. Laurence river and the boundary line between 
the towns of Lyme and Cape Vincent in the county of Jefferson, or 
within one mile from the shore of Grenadier Island or Fox Island, any 
fish of any kind by any device or means whatever otherwise than by 
hook and line or rod held in hand. But this section shall not apply 
to or prohibit the catching of minnows for bait provided the person 
using the nets for that purpose shall not set them and shall throw 
back an}^ trout, bass or other game fish taken, and keep only chubs, 
dace, suckei's or shiners. 



THE FISH AND GAME LAWS 

§ 2. Any person violating any of the provisions of this act shall be 
guilty of a misdemeanor and liable for the penalty of fifty dollars for 
each offense; which shall be collected in the same manner as jjro- 
vided by section three of chaj)ter one hundred and forty-one of the 
Laws of eighteen hundred and eighty-six. 



Chapter 590, Laws 1886. 

An Act to prevent taking fish by net in the waters of the Catta- 
raugus creek and its mouth. 

Section 1. No person shall set or draw any net or seine in Catta- 
raugus creek or within eighty rods of its channel into the lake, or 
take any fish by such means between the fifteenth day of May and the 
first of November. 

§ 2. No person shall by any net or device willfully obstruct the 
channel of said creek so as to prevent the passage of fish therein. 
Fishing with hook and line permitted in the waters mentioned 
herein. 

§ 3. Any person violating the provisions of this act shall be guilty 
of a misdemeanor, and, in addition thereto, liable to a jjenalty of fifty 
dollars for each offense, to be recovered in the name of the peojile of 
this State in any court having jurisdiction thereof. And it shall be 
the duty of the district attorney of the county in which such offense 
is committed, on being informed of the fact, to prosecute for the 
recovery of such penaltj^ and the recovei-y after paying the neces- 
sary expenses, one-half to be paid to the informer and the other half 
to the treasurer of the county in which such recovery is had. All 
acts and parts of acts inconsistent with the provisions of this act are 
hereby repealed. 

(See Laws 1879, Ch. 534) 



Chapter 620, Laws 1887. 

An Act to legalize fishing with nets and fykes iii certain portions 
of Cayuga lake, and the outlet of Keuka lake. 

Ells suck- Section 1. It shall be lawful at any time to fish with nets and fykes 
buUhefuls ^^^ ^^^^ from the waters of Cayuga lake below Canoga point, about 
fishing for f^^j. j^{\qq from the foot of said lake, and the outlet of Keuka lake, 
eels, suckers and bull-heads, but no other kind of fish. 



OF THE STATE OF NEW YOEK. 47 

Chaptee 547, Laws 



An Act for the better protection of fisli in tlie waters of Richmond 
county. 

' Section 1. From and after the passage of this act it shall not be 
lawful, by day or by night, to put, place, draw, or in any manner use 
any purse net, pound, weir or other device, except hook and line, for 
the capture of menhaden or other fish in the waters of Raritan bay, 
within the jurisdiction of the State of New York and limits of Rich- 
mond county, nor iii any arm, bay, river, haven, creek, basin, sound or 
kill thereof. But this act shall not be deemed to prohibit the use of 
fykes as now allowed by law in accordance with such regulations as 
the board of supervisors may have declared or may hereafter declare. 

§ 2. Any person or persons offending against the provisions of this 
act shall be deemed guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of one hundred dollars or thu'ty days' 
imprisonment, or both, as the court may determine. The money 
collected under this act shall be divided equally between the poor 
fund of the county and the person or persons making the complaint. 

§ 3. All acts or j)arts of acts inconsistent with this act are hereby 
repealed. 



Chaptee 410, Laws of 1882. (Consolidation Act.) 

§ 736. It shall not be lawful except in cases now provided by law. Fish-poles 
for any person to erect or drive in the soil under water in the harbor 
of New York, any poles for the purposes of fishing, where the water 
is of greater depth than six feet in mean low tide, under the penalty 
of five dollars for each pole erected or driven contrary to the provis- 
ions of this section; and it shall be the duty of the board of com- 
missioners of pilots to cause the same to be removed. 

§ 737. No person shall fish with seines or any sort of nets, or set Prohibi- 
draws, or raise any seine or net in any part of the channel of the against 
Hudson river north of Castle Garden, in the city of New York, ^^^^' 
between the hoiirs of 6 o'clock in the evening and 6 o'clock in the morn- 
ing. Every person wlao shall violate any provision of this section Tcuaitv. 
shall be guilty of a misdemeanor, and shall be punished, on convic- 
tion, by imprisonment in a county jail not less than thirty days, or by 
a fine not less than twenty -five dollars, in the discretion of the court. 

§ 738. No person shall set or place, or cause to be set or placed, obstruo- 
during the months of March, April or May in any year, in any of the **""^^ 



other 
waters 



48 THE FISH AND GAME LAWS 

at and 

below New 

York. gill-net, hoop-net, set-net, or any other net or weir, by means of any 

hedge, stake, stone, post, pole, anchor or any other fixture to extend 
into the channel of said waters, or to any greater distance from the 
shore, in any case, than twenty rods from the ordinary low water 
mark. "Whoever shall violate the provisions < f this section shall, 
for every offense, forfeit the sum of one hundred and fifty dollars for 
the use of the poor of the county in which such offense shall be 
committed, to be sued for in the name of the people by the district 
attorney of any county bordering on the waters on which the offense 
shall have been committed, to whom notice shall first be given, of the 
commission of such offense. 
Taking oi' § 739, It shall not be lawful for anj person to set or use, for the 
Harlem pui'pose of taking or capturing fish, a fike or set-net, or other net, in 
the waters of the Harlem river, or of the East river, or the adjacent 
Avaters, or of the confluent brooks within five miles, in any direction 
from the middle gate, so-called, in said East river, or in an}?^ of the 
adjacent waters or confluent brooks of the main shore and located 
between the said middle gate and Fort Schuyler, so far as the same 
Penalty, are within the county of New York. Any person violating the pro- 
visions of this section shall be deemed guilty of a misdemeanor, and 
shall, on conviction, be subject to a fine of not less than twenty-five 
dollars or more than one hundred dollars, or imprisonment for not 
less than ten days or more than thirty days. 

Act not to S 743. The sections seven hundred and forty and seven hundred 

apply to ^ '' 

filling in of and forty-two shall not apply to the depositing of substances upon 

under the building of wharves or piers upon, or the filling in of land under 

granted water, granted by the people of the State of New York to any person 

etc. or persons, provided a permanent and substantial bulkhead be first 

projDerly and securely built, inclosing the whole area of any such 

pier or wharf proj^osed to be so built or constructed; nor shall such 
Not to sections apj^ly to the sweeping, washing, or cleaning from the decks 
washing, ' of the canal boats, freight, i:)assenger, or pleasure boats, or vessels, of 
boats, etc. such dirt only as collects naturally thereon from the use thereof by 

human beings using the same for transj^ortation or pleasure, nor the 
Nor to hauling of fire from the furnace grate of any steamboat having state- 
flre from rooms above the main deck, provided no coal or ashes shall be dumped 
grate. from the ash box of said steamboat; nor to the setting of shad-poles 
ting shad in the shad season, nor to tl e use of any other devices or contrivances 
po es, e c. ^^^ ^-^^ purpose of fishing in any season of the year; but no such 

setting of shad-poles or devices for fishing shall be allowed below the 



OF THE STATE OF NEW YOEK. 49 

northerly line establislied by the harbor commissioners of the city of 
New York; nor shall such sections apply to throwing overboard the Nor to 
refuse and waste matter which ordinarily accumulates in and about matter on 
canal boats engaged in the transportation of goods and merchandise, boats. 
But this section shall not be construed to authorize the throwing in 
said water of food, or any contrivance or device in which food may be 
kept, carried, or preserved. 



Chaptee 523 OF the Laws of 1875. 

An Act making an appropriation for the purpose of restocking 
the public streams of this State with speckled trout and other 
fish. 

Section 1. The sum of fourteen thousand dollars, or so much Speckled 
thereof as shall be necessary, is hereby approj^riated out of the other fish, 
general fund to enable the commissioners of fisheries of this State rearing of, 
to construct on land, to be purchased therefor, suitable buildings, priation 
fixtures and ponds, for the purpose of hatching and rearing speckled 
trout and other fish, to be used in stocking the public streams of this 
State with such fish, and to be distributed for the public benefit 
under such regulations as such commissioners shall prescribe. 

§ 2. The said commissioners shall account to the comptroller for all 
expenditures they may make under the provisions of this act. 



Chapter 320 of the Laws of 1884. 
An Act to establish a fish hatchery in the Adirondack forest. 

Section 1. The commissioners of fisheries are hereby authorized and Commis- 
directed, as soon as possible after the passage of this act, to erect a erect fish 
fish hatching establishment at some convenient point in the Adiron- establish- 
dack forest, to be selected by said commissioners, for the purpose of the Adi- 
restocking the lakes and streams of said forest with trout and other 
fish natural to that locality, and stocking such other streams as the 
commissioners may deem necessary. 

§ 2. The treasurer shall pay to the commissioners of fisheries, upon $5,000 ap- 
the warrant of the comptroller, the sum of five thousand dollars, or 
so much thereof as may be necessary, Avhich sum is hereby appropri- 
ated for the purposes of this act. 

(See Laws 1885, Ch. 85.) 
7 



50 



Land ap- 
propriated 



To be ia 
care of 
commis- 
sioners, 
and fish- 
ing pro- 
hibited. 



Penalty, 



THE FISH AND GAIVIE LAWS 

Chapter 85, Laws 1885. 

An Act to grant the use of certain State lands for the purposes 
of the Adirondack fish hatchery. 

Section 1. The lands belonginf^ to this State, known as lots number 
four, five and six, in township twenty of great lot number one, Macomb's 
jDurchase, in the county of Franklin, on which has been located, pur- 
suant to chapter three hundred and twenty of the laws of eighteen 
hundred and eighty-four, the Adirondack fish hatchery, are hereby 
appropriated to the use of such hatchery; but no standing timber 
shall be cut on such lots except such as shall be needed for building 
purposes and for fire-wood for such hatchery. 

§ 2. The lands mentioned in the first section of this act, shall be in 
the care of the commissioners of fisheries, and no person shall be per- 
mitted to fish in the waters of Little Clear pond, nor in its outlet, nor 
in any other waters on such lands, nor to enter on the same for the 
purposes of fishing without the consent or by the direction of the com- 
missioners of fisheries; biit the said waters shall be held by the said 
commissioners solely as reservoirs for breeding fish, and nurseries 
for young fish, and for experimental purposes in the business of fish 
culture. 

§ 3. Whoever shall violate any of the provisions of the second sec- 
tion of this act shall forfeit a j^enalty of fifty dollars for each offense, 
to be sued for and recovered with costs of suit, by the said commis- 
sioners, in any court of competent jurisdiction in the county of 
Franklin, and the penalties recovered shall be paid into the State 
treasury. 



Appro- 
r)riation. 



How ex 
Itendod. 



Chapter 613, Laws 1887. 

An Act to provide for the erection of a fish hatchery at Cold Spring 
Harbor, and making an appropriation therefor. 

Section 1. There shall be appropriated from any funds in the 
treasury of the State not otherwise appropriated, for hew hatchery 
buildings and improvement of grounds at the Cold Spring Harbor 
station of the commissioners of fisheries, five thousand dollars, or so 
much thereof as shall be necessary, to be expended under the direc- 
tion of the commissioners of fisheries, on vouchers to be approved by 
the comptroller; but no money shall be paid out of this appropriation 
till a lease of the lands and water rights now occupied for such 



OF THE STATE OF NEW YOKK. 51 

hatchery shall be executed to the State, rent free, from the owner, for Lease of 
such jDeriod as the same may be occupied as a public hatchery, which to State 
lease, when accepted by the commissioners, shall be filed in the office rent. 
of the Secretary of State. 



Chapter 293, Laws 1887. 
An Act to establish a fish hatchery in the Adirondack wilderness. 

Section 1. The commissioners of fisheries are hereby authorized and Establish- 
directed, as soon as possible after the passage of this act, to erect a fish hatch- 
fish hatching- establishment at Mill creek, an inlet of Kound lake, 
Hamilton county, for the purpose of restocking the lakes and streams 
of said forest with trout and other fish natural to that locality, and 
stocking such other streams as the commissioners may deem necessary. 

§ 2. The treasurer shall pay to the commissioners of fisheries, upon Appro- 
the warrant of the comptroller, the sum of five thousand dollars, or so and how 
much thereof as shall be necessary, which sum is hereby appropriated 
for the purposes of this act. 



SHKIvIvKISH. 

Chapter 584, Laws 1887. 

An Act to promote and protect the cultivation of shell-fish within 
the waters of this State, for the appointment of an additional 
commissioner of fisheries ; to authorize the grant of franchises 
for the use of certain lands under water belonging to the State 
and to make an appropriation therefor. 

Passed June 16, 1887 ; three-fifths being present. 

The People of the State of Neio York, re2:)i^esented in Senate and Assembly, 
do enact at follows : 

Sectiox 1. The commissioners of fisheries, appointed under chapter Shellfish 
three hundred and nine, laws of eighteen hundred and seventy-nine, sionor to 
and his successor in office, shall be known as the shell-fish commis- survey 
sioner, and shall finish and coijiplete the survey now being made 
under his direction of all the lands under the waters of the State suit- 
able for use for the planting and cultivation of shell-fish, and shall make 
a map thereof as heretofore provided. He shall finish and complete the other 
survey now being made of all the beds of oysters of natural growth 
locatedin the waters of the State, and such beds of oj-sters of natural 
growth shall be set apart and preserved, and shall not be deemed to 



52 THE FISH AND GAME LAWS 

be included in the lands for which franchises are to be sold under the 

Applica- provisions of this act. Said commissioner shall ascertain the occu- 

occupants pants of all lands claimed to be in the possession or occupation of any 

forgrants. -^ . . / , . t "i 

person or jDersons, and no grant oi lands so occupied or possessed 

shall be made, except to the actual occupant or possessor thereof ; 

provided that said occupant or possessor, within one year from the 

passage of this act, shall make application for, and purchase the same. 

Additional § 2. For the further purj^oses of this act, the governor is hereby 

sionerof authorized to appoint an additional commissioner of fisheries, who 

shall be a man of experience in oyster culture, and who shall be a 

resident of Eichmond, Queens, Kings or Suffolk counties. 

Commis- § 3. Immediately after the passage of this act the commissioners of 

fisheries fisheries shall meet at some place, to be designated by them, in the 
to make i ^ o j ' 

rules and city of New York, for the purpose of making such rules and regula- 
tions, tions as shall be deemed necessary as preliminary to hearing and grant- 
ing applications for perpetual franchises for the purpose of shell-fish 
cultivation on the lands under the waters of this State, mentioned in 
section one of this act, suitable for planting and cultivation of shell- 
Granting fish. After such rules and regulations shall have been agreed upon 
chises for and formulated, the said commissioners of fisheries shall proceed to 
culture, grant franchises for the purposes of shell-fish cultivation, as hereinafter 
Notice of provided. But no such franchise shall be granted until one month's 
tion/ho'w notice of the application for a franchise or franchises shall have been 
^ ' given by posting in a conspicuous place, in the office of the shell-fish 
commissioner, and in the office of the town clerk of the town nearest 
to the lands applied for. 
What per- § 4. No grant shall be made to any person or persons who have not 
titled to resided in this State at least one year preceding the date of ajiplica- 
Krauts. tion, and no grant shall be made to any person, firm or corporation in 
Limita- excess of two hundred and fifty acres, and no person, firm or corpora- 
acres, tion shall be allowed to hold, at any one time, more than two hundred 

and fifty acres. 
Granting § 5. When the conditions precedent to the granting of franchises, 
uai fran- mentioned in the foregoing sections, have been complied with, the 
commissioners of fisheries are hereby emjjowered, in the name and 
behalf of the people of the State of New York, to grant, by written 
instruments under their hands and seals, perpetual franchises for the 
purposes of shell-fish cultivation in the lands applied for under the 

Consider- waters of this State, for the consideration of not less than one dollar 

ations 

therefor, per acre, if the lands are unoccupied and unused, and not less than 

twenty-five cents per acre if the lands ai-e in present use and occupa- 



OF THE STATE OF NEW YORK. 53 

tion, and tlie rig'lit to use and occni^y sairl grounds for said purposes Tenure 
shall be and remain in the said grantee, his legal representatives or objects, 
successors forever; provided only that the said grantee, his legal rep- 
resentatives or successors shall actually use and occupy the same for 
the purposes of shell-fish cultivation, and for no other purpose w^hat- 
ever. And the moneys received for the sale of such franchises shall Payment 
be paid forthwith into the treasury of this State. treasury. 

§ 6. The franchises thus granted shall be deemed to be personal Fran- 
property, and courts of law and of equity shall have jDower, authority deemed 
jurisdiction to determine and enforce the rights of persons, firms or property, 
corporations thereto as though such franchises were actually personal 
property owned and possessed by such persons, firms* or corporations, 

and such franchises may be sold, transferred, assigned or conveyed Transfer 

'' > o J thereof. 

the same as other personal property. Immediately after the receipt 

of the aforesaid instruments of conveyance, the grantee shall at once 

cause the grounds therein conveyed to be plainly marked out by Grounds 

stakes, buoys or monuments, which stakes, buoys or monuments shall plainly 

be continued by said grantee, his legal representatives or successors. 

§ 7. The said commissioners are hereby authorized to appoint and Clerk of 
employ a clerk whose compensation shall not exceed fifteen hundred sioners, 
dollars per annum, which compensation and the necessary expenses 
for carrying out the provisions of this act shall be paid by the treasurer 
upon the Avarrant of the comptroller, to the order of the said commis- 
sioners, upon vouchers to be ajoproved by the comptroller. The said Official 
clerk shall give a bond, to be approved by the comptroller, in the clerk. 
penal sum of five thousand dollars, for the faithful performance of 
his duties. 

§ 8. The provisions of this act shall not be deemed to limit or inter- Right of 
fere with the powers of the commissioners of the land office to grant mission- 
to owners of uj^lands adjacent to such fisheries any of the lands under make 
the waters of this State as is now provided by law. But in case any griints not 
grant shall be made by the commissioners of the land office of any 
land actually occupied and in use under the provisions of this act for 
the cultivation of shell- fish, such grant by said commissioners of the Eight to 
land office shall be subject to the right of the occupant to occupy such shell-flsh. 
grounds for two years thereafter for the cultivation and removal of 
the shell-fish there planted. 

§ 9. This act shall not apply to nor be held to affect in any way Colonial 
lands under water owned, controlled or claimed under colonial patents not affeet- 
or legislative grants by any town or towns, person or persons, in the " «^^ ^ 
counties of Suffolk, Queens, Kings and Richmond; lands under the 



54 THE FISH AND GAME LAWS 



other waters of Gardiuer's aud Pecouic bays, ceded by tlie State to the 

tion?.''' county of Suffolk, pursuant to chapter three hundred and eighty-tive 

of the Laws of eighteen hundred and eighty-live, lands under water 

in Jamaica bay, lands in the jurisdiction of the town of Hempstead 

and Jamaica or in the county of Westchester. 

Appropri- & 10. The sum of three thousand dollars, or so much thereof as may 

ation. . 

How pay- be necessary, is hereby appropriated out of any moneys in the treasury 

not otherwise appropriated, payable by the treasurer on the warrant 
of the comptroller to the order of the said commissioners for carry- 
ing out the provisions of this act, upon vouchers to be approved by 
the comptroller. 

§ 11. This act sjiall take effect immediately. 



Chapter 300, Laws 1886. 

An Act for the protection of the natural oyster beds located in the 
waters of the State of New York. 

Deposit of Section 1. It shall not be lawful for any person or jDersons, corpora- 
acids, ate., tion or corporations, to place, or cause to be placed, in any manner 
to^oyster^ whatsoever, in any waters within the jurisdiction of the State, any 
prohibited sludge acid or other refuse matter, resulting from the manufacture, 
or process of manufacture, or treatment of crude or refined material 
from any oil refinery or oil works, any sugar refinery or sugar works, 
or from any gas house, or building or buildings used for the making 
of gas, or to deposit in said waters any substance injurious to oyster 
Troviso. culture, provided, however, that nothing in this section shall be held 
to apply to to any refuse from the manufacture or handling of crude 
or refined oil and guano made from menhaden or other oil-bear-* 
ing fish. 
Deposit of § 2. It shall not be lawful to throw or cause to be thrown from any 
garbage, boat, SCOW or vessel whatsoever, into the waters of Long Island Sound, 
certaiQ or into the bays and harbors opening into the same, west of a line 



prohibited drawn from Eaton's Neck, due north to the boundary line between 
New York State and the State of Connecticut, any cinders, ashes, 
refuse or garbage. 

Penalties § 3. Any person or corporations. violating the provisions of either of 

tiomfof' the foregoing sections of this act shall be adjudged guilty of a 

"■^^ ■ misdemeanor. 

§ 4. The oyster commissioner is hereby authorized to apj^oint a 
person, who shall be known as the State oyster protector, whose duty 



OF THE STATE OF NEW TOKK. 55 

it shall be to patrol, iiiuler tlie direction of said ovster commissioner, state 

*■ ovstGr 

the oyster regions of the State, for the purpose of enforcing the pro- protector, 

visions of this act, and, in a general manner, guarding the oyster pointed. 

property of the State. The salary of said protector shall be one 

thousand dollars per year, and his salary shall be paid in the same His duties 

manner and he shall be in all respects on the same footing as the salary. 

game and fish protectors of the State, appointed under chapter five 

hundred and ninety-one, Laws of eighteen hundred and eighty. 

Besides his salary the protector shall be allowed his actual traveling Traveling 

and incidental expenses, not to exceed two dollars per day, and the etc.. how' 

oyster commissioner may, at his discretion, allow the said protector ^^ 

an assistant, who shall be paid at the rate of two dollars and fifty Assistant 

cents per day for the time of actual service.* • how p^a?d.^ 



Chaptee 385, Laws 1884. 

An Act to cede lands under water of Gardiner's and Peconic bays, 
to Suffolk county, Long Island, for the cultivation of shell-fish. 

Passed, May 28, 1884. 

Section 1. All the right, title and interest which the people of the interest of 
State of New York have in and to the lands under water of Gardiner's ditionally' 
and Peconic bays in the county of Suffolk, is hereby ceded to said to county, 
county, for the purposes of oyster culture, to be managed and con- 
trolled by the board of supervisors thereof, provided that such lands 
shall revert to the State when they shall cease to be used for oyster 
culture, and provided that nothing in this act shall be held to inter- 
fere with the right of the commissioners of the land office to grant 
lands under water in said bays to owners of adjacent ujDlands for pur- 
poses of commejrce or of beneficial enjoyment within the existing 
bulkhead line. 

§ 2. The board of supervisors of Suffolk county shall have power. Board of 
and it shall be their duty, within thirty days after the passage of this ors to ap- 
act, to appoint three commissioners of shell-fisheries in the waters of. mission- 
Gardiner's and Peconic bays and the tributaries thereof, in the county fisheries. 
of Suffolk. Said commissioners shall be residents of some one or • 
other of the towns lying contiguous to said bays, and at the first 
appointment thereof one shall be aj)pointed for the term of one year, 
one for a term of two years, and one for a term of three years; and 

* See Laws 1886, chapter 423. 



56 THE FISH AND GAME LAWS 

annually thereafter one couiiiiissioner shall be apjiointed for a term 

of three j'ears. Said commissioners when so chosen sliall take the 

usual oath of office and shall give bonds in one hundred dollars each, 

to the board of supervisors of said count}^ conditioned for the faithful 

performance of their ofl&cial duties; and all moneys received by them 

for the sale of the lands hereinafter specified shall be paid over by 

them to the county treasurer of said county. 

When § 3. Upon the written aiDplication of any person of full age who has 

sioners to been an actual resident of Suffolk county for six months next preced- 

vey and ing the date of such application, the said commissioners, or a majority 

made, etc. of their members, shall cause a survey and map to be made of any 

land under water of said bays or the tributaries thereof, suitable for 

planting oysters thereon, as described in such application, and shall 

take the proper stejDS to determine whether there is on said land any 

natural growth of clams such that one person in one day could take 

three bushels, or a natural shell bed from which shells can be taken 

in quantities for use in other places; and if there be no such natural 

growth or shell bed, said commissioners shall sell and convey to said 

applicant, by warranty deed, all the right, title and interest which the 

Appiica- said county of Suffolk shall have in and to said laud. Said applica- 
tions not . 
to cover tions shall not cover more than four acres, nor shall said commission- 
more than 
four acres, ers sell and convey to any one person less than one or more than four 

acres; and they shall receive for said land at the rate of one dollar 

per acre, together with such further sum as may be deemed by the 

supervisors of said county sufficient to compensate said commissioners 

for theii- services and expense in surveying and setting off said lands 

and in j)i'ej)aring and executing the proper deeds to said applicants; 

said deeds shall expressly provide and stipulate that the grantee shall, 

within one year from the date of their execution, j^lant a specified 

quantity of oysters on said land, or otherwise the grant shall be void 

and the land so granted shall revert to the county. 

Deeds to § 4. Any and all grantees of land conveyed under this act shall, 

ed. within three months from the date of their several grants, have the 

deed recorded in the office of the county clery of Suffolk county, and 

thereafter said land so granted shall be held to be real estate in pos- 

. session of the grantee and shall be subject to taxation as any other 

real property. 

Eeferenc« § 5. All questions and disputes in regard to ownership, title, buoys, 

mission- boundaries, ranges, or extent or location of grounds, may be referred 

tie dis- to and settled by the said commissioners of shell-fisheries, who may 

summon before them all the parties in interest and take sworn state- 



OF TPCE STATE OF NEW TOKK. 57 

ment of facts as claimed on either side. Fro'a their decision an 
apjjeal may he taken to the county judge, whose decision shall be 
final. 

§ 6. Any person willfully disturbing the bottom of the lands so Disturb 
granted, with intent to remove or injure the shell-fish thereon, shall torn of " 
be guilty of a misdemeanor, and on conviction shall, if said disturb- a misde- " 
ance be done in the day time, be punished by a fine not exceeding one 
hundred dollars and confiscation to the State of the boat and tools so 
used, or by imprisonment in the county jail for not exceeding three 
months or by both such fine and imprisonment in the discretion of 
the court; but if such disturbance shall take place in the night time, 
or between sunset and sunrise, the penalty shall be a fine of not more 
than two hundred and fifty dollars and confiscation to the State of the 
boat and tools so used, or by imprisonment in the county jail for not 
exceeding six months, or by both such fine and imprisonment in the 
discretion of the court. 

§ 7. Any justice of the peace in either of the said towns bordering .Jurisdic- 
on said bays shall have jurisdiction over oifenses under this act. 



Chaptee 549, Laws 1874. 

An Act to provide for the planting and protection of oysters in 
those portions of the Great South bay, lying in the towns of 
Islip and Babylon in Suffolk county, wherein the taking of clams 
can not be profitably followed as a business. 

Passed May 22, 1874. 
§ 1. It shall be lawful for any inhabitant of either of the towns of Any in- 
IsHp or Babylon, in Suffolk county, of full age, and having resided in oflsJipor 
either of said towns for one year next preceding, by and with the con- may 
sent of the oyster commissioners hereinfter named, and upon com- 
plying with the provisions of this act hereinafter contained, to locate 
a lot, not to exceed four acres in extent, under the public waters of 
the Great South bay, in either of said tov. ns where the taking of clams 
can not be profitably followed as a business, and he shall be entitled 
to and shall have the exclusive ownership and property in all oysters Owner- 
upon said lot, and the exclusive right to use the said lot for the pur- oysters 
poses aforesaid. (Laws 1878, Ch. 142.) thereou. 

§ 2. For the purpose of ascertaining and determining what portion Oyster 
or portions of said bay maj' be taken for the purpose of planting oysters sioners^to 
as aforesaid, a board of commissioners, consisting of two from the town of poinded. 
Islip and one from the town of Babylon, whose official title shall be 



58 THE FISH AND GAME LAWS 

"Oyster CominiBbioners," shall be appointed eacL by the board of town 
auditors, or a majority of them, of his or their said town respectively. 

Terms of Tlie lirst ai:)poiutment to be made within twenty days after the passage 
of this act, and, when so appointed, they shall hold office until the next 
annual town meeting; and their successors in office shall annually be 
apjDointed in the same manner, on the Tuesday immediately preceding 
every annual town meeting. Such appointment shall be certified in 
duplicate, in writing, that by Babylon, by said auditors of Babylon, or a 
majority of them; that by Islip, by said auditors of Islip, or a majority 
of them; and a copy of said certificate shall be filed with the town 
clerk of each of said towns, and it shall be the duty of said town 
clerks respectively, forthwith to notify each person so appointed in his 
town, of such appointment. (Laws 1878, Ch. 142.) 

Offi^ini § 3. Every person appointed to the office of oyster commissioner, 

°^ ^' before he enters upon the duties of his office, and within ten days 
after he shall be notified of his appointment, shall take and subscribe 

Bond. the oath of office prescribed by the constitution and shall execute, 
in the presence of the suj^ervisor or town clerk of his town, a bond to 
the supervisor of his town, in the penalty of not less than two 
hiindred dollars, with one or more sufficient sureties to be approved 
of by such supervisor or town clerk, conditioned for the faithful per- 
formance of his duties as such commissioner, w^hich bond shall be 
filed in the office of such town clerk. (Law^s 1878, Ch. 142.) 

Refusal to § 4. If any person appointed as such commissioner shall not take 

and subscribe such oath, and file such bond as herein provided, such 

neglect shall be deemed a refusal to serve. 

Vacancy, S 5. If any person appointed to the office of oyster commissioner 

how filled. , f. f : 1 n ^- • . 4.-^ ^ 

shall refuse to serve, or shall die or resign or remove out of town, for 

which he shall have been appointed, or become incapable of serving, 

before the Tuesday next preceding the next annual town meeting 

after he shall have been appointed, the said board of town audit >rs, 

of his said town, shall within ten days after the happening of such 

vacancy su2:)ply the same, as hereinbefore provide. (Laws 1878, Ch. 142.) 

Commis- § 6. It shall be the duty of said commissioners, or a majority of 

focateLt! them, on application of any such inhabitants as aforesaid, and upon 

notice to all of said commissioners, to attend and examine the lot 

applied for and ascertain and determine whether the taking of clams 

can or can not be profitably followed as a business thereon, and if 

they shall determine that it can not, then and not otherwise they shall 

locate the lot for him, which shall be clearly marked and defined by 

means of buoys, stakes or otherwise, as said commissioners, or a 



OF THE STATE OF NEW YORK. 59 

majority of them, shall direct, and in such manner as shall not inter- 
fere with net fishing, as a notice to the public that it has been selected 
for the purposes aforesaid. And it shall be the duty of said commis- Surveys 
sioners to procure or cause to be made, all surveys and maps which 
they may deem necessary for defining the portions of said bay which 
may be allotted for the purposes aforesaid, describing thereon the 
lots which may be located under this act, and to file copies of all such Decisions 
surveys and maps in the office of the town clerk of each of said towns, tions, etc.. 
On all questions which may arise under this act as to the location of 
the lots or the boundaries thereo|, or the portions of said bay which 
may be allotted for the purposes aforesaid, the decision of the said 
commissioners, or a majority of them, shall be final and conclusive. 
On payment by any such applicant of the expense of locating his lot, Expenses 
which shall be determined by the said commissioners, but shall in no tion .md 
case exceed the sum of ten dollars, and the additional sum of one rent. 
dollar per acre as yearly rent, they or a majority of them, shall give 
to such applicant a certificate showing that he has by their consent Certifi- 
located a certain lot, and particularly describing said lot, and stating foeation. 
the amount of charges and rental paid therefor, and that the taking 
of clams can not be profitably followed thereon as a business, and 
directing in what manner said lots shall be marked and defined, which 
certificate shall entitle the person named therein to the possession of 
said lot for the purposes of this act, so long as he shall keep the said 
lot clearly defined in the manner so directed by said commissioners; 
but if such person shall neglect to plant his lot with at least one When 
hundred bushels of oysters and shells during the period of one year ppsses- 
from the date of his certificate,, or shall neglect to pay said yearly be termfn- 
rent on or before the first day of April in each and every year, his 
rights to the possession of the said lot may be terminated at the 
option of a majority of said commissioners, and in case such right of 
any person shall be terminated by the decision of said commissioners 
as aforesaid, a written certificate of such fact shall be made in dupli- Certifl- 
cate, and one of the said certificates shall be filed with each of the fact." 
town clerks of said towns. A duplicate of every certificate consent- 
ing to the location of any lot as aforesaid shall also be filed by said 
commissioners with each of the said town clerks, who shall enter the 
name of the person entitled, thereto and the sum or sums specified 
therein in a book, to be procured and kept l^y them respectively for 
that purpose. (Laws 1878, Ch. 142.) 

§ 7. Each of said commissioners shall be allowed the sum of five 
dollars per day for his services actually rendered under this act, the 



60 



THE FISH AND GAME LAWS 



Compen- 
sation of 



Comniis- 
si(jnors to 
account. 



Balance to 
be paid to 
super- 
visor. 



Intere.'^tin 



Arrest and 
Ijail 



Execution 



Repeal. 



Terms of 
present 
comis- 
sioners. 



same to be jDaid only out. of the fund received for locating lots pur- 
suant to section six of this act, and shall not receive therefor any 
additional fees or compensation from any person or persons ■whomso- 
ever, and each of said commissioners shall at the usual annual 
auditors' meeting of said towns account for and pay over all moneys 
in his hands to the said board of auditors, to wit: The moneys paid 
in by inhabitants of Babylon to the board of auditors of the town of 
Babylon, and all moneys paid in by the inhabitants of the town of 
Islip, to the board of auditors of the town of Islip, and the said 
respective boards of auditors shall audit the accounts of the said com- 
missioners or commissioner appointed from their town at the same 
time and in the same manner as those of other town officers, and shall 
l^ay all proper charges for services rendered under and by virtue of 
the provisions of this act out of the moneys so received, and shall pay 
the balance, if any, to the supervisor of said town, to be credited on 
its contingent fund. But no fees or salary allowed any commissioner 
named under this act shall be a charge upon or be paid by either of 
said towns of Islip or Babylon. (Laws 1878, Ch. 142.) 

§ 8. It shall not be lawful for any person to retain possession of 
any such lot after he shall cease to be a resident of either of said 
towns of Islip or Babylon, but he msLj sell and assign his interest in 
any such lot to any inhabitant of either of said towns for one year; 
but no person shall acquire possession of more than one lot, by 
purchase or otherwise. (Laws 1878, Ch. 142.) 

§ 10. Any person prosecuted for a penalty under this act may be 
arrested and held to bail in the same manner as upon warrants issued 
by justices of the peace; and whenever a hearing shall be had for any 
violation of the provisions of this act, execution shall be issued thereon 
immediately, in the same manner and with like effect as is j^rovided 
in section one hundred and forty-three, article nine, title four, chapter 
two, third part of the Revised Statutes, and all the provisions of said sec- 
tion shall apply to executions issued pursuant to the provisions of this act. 

§ 12. All acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

§ 13- Upon the appointing of such commissioners and the filing of 
the certificates thereof, as herein above provided, the term of office of 
the present oyster commissioners, now acting in the town of Islip, 
shall cease. (Laws 1878, Ch. 142.) 

§ 14. The provisions of this act shall not in any way impair the 
right of the present owners of oyster lots planted pursuant to the jjro- 
visions of the act hereby amended. (Laws 1878, Ch. 142.) 



OF THE STATE OF NEW YOEK. 61 

§ 15. The title of said act is hereby amended so as to read as 
follows : Au act to provide for the planting and protection of oysters 
in those portions' of the Great South bay, lying in the towns of Islip 
and Babylon, in Suffolk county, wherein the taking of clams can not 
be profitably followed as a business. (Laws 1878, Ch. 142.) 

Amended Laws 1878, chapter 142 ; section 9, repealed Law 1886, 
chapter 593 ; section 12, see Laws 1857, chapter 167 ; section 11, 
repealed Laws 1878, chapter 142. 



Chaptee 384, Laws 1879. 

An Act to repjulate the planting of oysters in the public waters 
of the town of Hempstead, in the county of Qiieens. 

Passed, May 28, 1879. 

Section 1. It shall be unlawful for any person to use or occupy any use or oc- 
portion of the public lands under water in the town of Hempstead, of fancf^ 
in the county of Queens, for the purpose of planting oysters thereon, Ueense. 
without first having obtained the license so to use and occupy such 
lands authorized and provided for in and by chapter six hundred and 
thirty-nine of the laws of eighteen hundred and seventy-one, entitled 
"An act to regulate the planting of oysters in the public waters in 
the towns of Jamaica and Hempstead, in Queens county," nor shall License, 
license be granted to any person to so use or occuj)y more than three 
acres of such lands. 

§ 2. Any person violating any of the provisions of this act shall be 
guilty of a misdemsanor.* 



Chapter 704, Laws 1881. 

An Act for the sale of oysters in all the cities and counties of the 
State of New York, and the better protection of the retail 
dealers in the same. 

Section 1. It shall be lawful to sell oysters in the shell, either by Oysters, 
count or measure; but all oysters in the shell not sold by actual sold. ^ ^ 
count shall be sold in a stave measure which shall be uniform in 
shape and of the following dimensions : The bottom to be sixteen Measure. 
and a half inches across, from inside to inside, and the top to be sions?etc. 
eighteen inches across, from inside to inside, and twenty-one inches 



*See Laws 1859, chapter 468. 



62 THE FISH AND GAME LAWS 

diagonal from inside chime to top, and such measure shall be even or 

struck measure, such measure to be inspected and sealed by the 

sealer of weights and measures in the city or county of the State of 

New York where said measures are used. 

Misde- § 2. All oysters sold in the shell by measure shall be sold in the 

meanor to " . „ , . . . i • 

sell, ex- stave measure described m section one of this act, and any person or 

CGPt as t^ X 

herein persons who shall sell or offer for sale oysters in the shell by measure 

in any other than the lawful sealed measui-e, shall be deemed guilty 

of a misdemeanor, and shall, upon conviction, be fined a sum not 

exceeding one hundred dollars for each offense, or imprisoned in the 

jail of said city or county where such offense is committed, for a term 

not exceeding sixty days, or both such fine and imprisonment. 

Act, how & 3. But nothing in this act shall be so construed as to effect the 
to be con- ° _, 

strued. shipment of oysters m barrels to Euroj)e. 



Chapter 203, Laws 1831. 
An Act to restrain the taking of oysters in Hudson river. 

Prohibi- Section 1. It shall not be lawful for any person, in any way or 
manner, to take 03'^sters in the Hudson river, north of the county of 
New York, in the months of May, June, July or August, in any year. 
Fines, how § 3. One-half of the sum which may be recovered under the pre- 
of. ceding section of this act, shall be paid to the superintendents of the 

poor of the county in which the offense is committed, for the use of 
the poor, the other half shall be for the use of the person who may 
sue for and recover the same. 
Further § 4. No person shall take any oysters from theii- beds, in ,tbe 
tions. Hudson river, within the limits aforesaid, for the purpose of convey- 
ing them to another State to have them replanted, under a penalty of 
two hundred and fift}^ dollars for each offense, to be sued for and 
recovered in an action of debt, in the name of the superintendents of 
the poor of the county iu which the offense may be committed, for 
the use of the poor: Any person who may be prosecuted for a viola- 
tion of this act may be held to bail.* 



* Probably repealed by Laws 18^9, chapter 194, § 4 ; § 2 repealed Law of 
1886, chapter 593, § 1, 



OF THE STATE OF NEW YORK. 63 

Chapter 468, Laws 1859. 

An Act in relation to tlie planting of sliell-fish in tlie waters of 
Jamaica bay and creeks adjoining, in the county of Queens. 

Section 1. The owners and lessees of land lying on Jamaica bay Owners or 
and the streams tributary thereto, in the county of Queens, may plant land may 
oysters or clams in the waters of said bay or creeks, opposite their flsh. 
respective lands, extending from low-water mark into said bay, not 
exceeding four rods in width, and in the creeks not exceeding half 
the width of said creek; but no one persoruor association shall plant 
such bed more than one-quarter of a mile long. 

§ 2. Any owner or lessee so planting oysters or clams, shall desig- Locality 
nate the locality by two or more stakes driven into the bottom at the isnated. 
extreme corner of the bed so planted, and shall, by a suitable monu- 
ment erected on the adjacent shore, indicate the fact of such planting, 
but no stake shall be placed so as to interfere in any way with the 
navigation of said bay or creeks. 

(Section 3 repealed L. 1886, Ch. 539; see L. 1863, Ch. 493; L. 1865, 
Ch. 343; L. 1866, Ch. 306; L. 1866, Ch. 753; L. 1868, Ch. 734; L. 1871, 
Ch. 639; L. 1872, Ch. 659; L. 1878, Ch. 302; L. 1879, Ch. 384.) 



Chapter 493, Laws 1863. 

An Act for the protection of the planting of oysters in the towns 
of Hempstead and Jamaica, county of Queens, New York. 

Passed May 5, 1863. 

Section 1. It shall be lawful for any person being an inhabitant of inhabit- 
the towns of Hempstead or Jamaica, in Queens county, of said State, fe«ed"o^' 
and having been such for the period of six months, to plant oj-'sters in she?l-fish. 
any of the public waters within either of the said towns; and upon 
compl3dng with the provisions of this act hereinafter contained, he 
shall be entitled to, and hare the exclusive ownership and projDerty 
in, all oysters upon the beds where the same were planted, and the 
exclusive right to use the said beds for the purpose aforesaid. 

§ 2. Any person being such inhabitant of either of said towns. Each bed 
may use a portion of the land under the pubhc waters within eeed*two' 
said town, not to exceed two acres in a bed, and on which ^'^'■®^- 
there is no natural or planted bed of oysters, for the purpose 
of planting oysters thereon ; but to entitle such person to the 
privileges and comforts of such act, the portion so selected by 
him shaU be clearly marked and defined by means of stakes, or 



64 THE FISH AND GAME LAWS 

otherwise, as a notice to the j^ublic that it is selected and is occupied 
for the purpose aforesaid, and no bed shall be so marked and defined 
until the bed shall be actually planted by said person ; and shall not 
be so planted or held with less than four hundred bushels to the acre, 
or at the same rate for less than an acre. 

§ 3. Any person being an inhabitant of either of said towns as afore- 
said, may, upon complying with the provisions of this act, plant oys- 
ters on the beds so designated and marked out, and it shall not be 
Not lawful lawful for any person other than the one who planted the oysters, and 
than his legal representatives, to take away said oysters, or to disturb said 

remove ^ beds either by oystering thereon, or in any other way disturbing said 
oys ers. j^g^g^ under the penalty hereinafter provided. 

§ 4 Any person other than the one who planted the oysters, or his 
legal representatives, who shall take any oysters from a bed thus 
marked out and occupied, as above provided, or who shall oyster 
on the said beds, or in any way disturb the same, shall be liable to a 
penalty of fifty dollars for each offense, to be recovered by the owner 
of the oysters, or his legal representative, in any action brought before 
Misde- any justice of the peace of either of said towns, and shall also be guilty 
of a misdemeanor, and upon conviction shall be punished by a fine of 
not over one hundred dollars, or imprisonment in the county jail for 
not more than sixty days, and by both such fine and imprisonment. 
Arrest and § 5. Any person prosecuted for a penalty under this act, may be 
arrested and held to bail in the same manner as upon warrants issued 
by justices of the peaqe ; and whenever a hearing shall be had for any 
violation of the i^rovisions of this act, execution shall be issued thereon 
immediately, in the same manner and with like effect as is provided 
in section one hundred and forty-three, article nine, title four, chapter 
two, third part of the Revised Statutes ; and all the provisions of said 
section shall apply to execution, issued pursuant to the provisions of 
this act. 
Forfeituro § 6. Any person entitled to plant oysters by having complied with 
and'privi- the provisions of this act, and any such person who shall have aban- 
doned or ceased to use an}'^ such land for the purpose intended by this 
act, for the period of one year, shall forfeit all rights and privileges 
to use of the same under this act, and any such person who shall 
remove from the town and cease to be an inhabitant thereof, shall for- 
feit all rights and privileges acquii-ed by him under this act, after two 
years of such removal, which period shall be allowed him for the pur- 
pose of removing the oysters planted by him, and remaining on said 
beds at the time of his removal. (See Laws 1859, chap. 468.) 



OF THE STATE OF NEW YORK. 65 

Chapter 453, Laws 1880. 

An Act to regulate the taking of clams and oysters in the waters 
of the State of New York on the south side oi Staten Island. 

Passed May 27, 1880. 
Section 1. No person shall at any time in the evening or , night, Catching 

orrcniov- 

between a half an hour after sunset and a half an hour before sunrise, ingelams 
dig up, catch, take away or remoye, any clams or oysters, whether of in certain 
natural growth or planted, from the waters of the State of New proiiibited 
York, or the land or ground under such waters, at any point or place 
on the south side of Staten Island, lying between a line extending 
due south from the point known as the point of the beach at Great 
Kills, in the town of Southfield, Richmond county, and a line extend- 
ing due south-west from Ward's Point, in the town of Westfield, in 
said Richmond county. 

§ 2. Every person who shall violate the provisions of this act shall Penalty. 
be guilty of a nysdemeanor, and upon conviction thereof shall be 
punished by a fine of not more than one hundred and not less tL.-^i 
ten dollars, or by imprisonment in the county jail not less than ten nor 
more than thirty days. 

§ 3. This act shall take effect immediately. 

(See Laws 1886, chap. 404.) 



Chapter 343, Laws 1865. 

An Act for the protection of the planting of oysters in the county 
of Queens, New York. 

Passed April 8, 18G5. 

Section 1. It shall be lawful for any person, being an inhabitant of Condi- 
the county of Queens, in this State, and having been such for the which in- 
period of six months, to plant oysters in any of the public waters of Queens 
within said county, except Hempstead harbor, Jamaica and Hemp- may plant 
stead bays and Oyster bay harbor; and upon complying with the and may 
provisions of this act hereinafter contained, he shall be entitled to owners of 
and have the exclusive ownership and property in all oysters upon beds^in 
the beds where the same were planted, and the exclusive right to use pubUc* 
the said beds for the purpose aforesaid. 

§ 2. Any person being such inhabitant of such county may use a -who may 

portion of the land under the public waters within such county, except fOT%iTnt- 

ing oys- 
ters and 

a bed, and on which there is no natural or planted bed of oysters, for ^onditfons 



66 



THE FISH AND GAME LAWS 



Prooeed- 
*iig^ in 
case of 
prosecu- 
tions. 



When 
abandon- 
ment or 
removal 
from 
county 
shall 

cauKG for- 
feiture of 
rights 
under this 
act. 



the purpose of planting oysters thereon; but to entitle sixch person or 
persons to the jirivilege and comforts of such act, the portion* so 
selected by him shall be clearly marked and defined by means of 
stakes or otherwise, as a notice to the public that it is selected and 
occupied for the purpose aforesaid, and shall not be so planted or 
held with less than fifty bushels to the acre, or at the same rate for 
less than one acre. If the person entitled to plant oysters by having 
complied with the provisions of this act, shall not actually occupy the 
land so staked out by him by planting oysters thereon within six 
months, he shall forfeit all rights and privileges to the use of the same 
under this act. (Laws 1886, Ch. 399.) 

§ 3. Any person being an inhabitant of said county as aforesaid 
may, upon complying with the provisions of this act, plant oysters on 
the beds so designated and marked out. (Laws 1886, Ch. 593.) 

§ 5. Any person prosecuted for a penalty under this act, may be 
arrested und held to hail in the same manner as upon warrants issued 
hy justices of the peace; and whenever a hearing shall be had for any 
violation of the provisions of this act, execution shall be issued thereon 
immediately in the same manner and with like effect as is provided in 
section one hundred and forty-three, article nine, title four, chapter 
two, third part of the Revised Statutes; and all the provisions of said 
section shall apply to execution issued pursuant to the provisions of 
this act. 

§ 6. Anj person entitled to plant oysters by having complied with 
the provisions of this act, and any such person who shall have aban- 
doned or ceased to use any such land for the purpose intended by 
this act, far the period of one year, shall forfeit all rights and privi- 
leges to the use of the same under this act; and any such person who 
shall remove from the county and cease to be an inhabitant thereof, 
shall forfeit all rights and privileges acquired by him under this act 
after two years of such remova'l, which period shall be allowed him 
for the purpose of removing the oysters planted by him and remaining 
on said beds at the time of his removal. 

§ 8. All acts or parts of acts inconsistent with the provisions of this 
act, or any portion thereof, are hereby repealed. 

§ 9. This act shall take effect immediately. 

(By chajDter 93, Laws 1870, the provisions of this act are extended to 
the waters of Jamaica and Hempstead bays. See Laws 1859, chapter 
468, and Laws 1864, chapter 574. Amended Laws 1866, chapter 399 ; Laws 
1870, chapter 93. Section 7 partly repealed. Laws 1879, chapter 402. 
Sections 4 and 7 and part of section 3, repealed Laws 1886, chapter 595) 



OF THE STATE OF NEW YOEK. 67 

Chaptee 399, Laws 1886. 

An Act to amend an act entitled " An act for the protection of 
the planting of oysters in the county of Queens, New York," 
chapter three hundred and forty-three, passed April eighth, 
eighteen hundred and sixty-fiye. 

Passed April 5, 1866. 

Sectiox 1. [Same as section 2, chapter 343, Laws 1866.] 

§ 3. The natural growth or bed of oysters in the waters known as Natnral 
Little Neck bay in said county, is hereby defined as being between jJitfe 
low-water mark and a distance of five hundred feet therefrom into the ^ ^'" ^'" 
waters of said bay towards its centre, beyond which, in the planting 
of oysters as provided in the first section of this act, the word 
" natural " in said section shall not apply. 

§ 4. Any person who, having planted oyster-:, iu pui'suance of said .Rernoval 
act on natural beds of oysters on any grounds under the public waters 
aforesaid, shall have until the fifteenth day of August, eighteen 
hundred and sixty-six, to remove said oysters, after which time said 
person or persons shall cease to have exckxsive right or control over 
said gi'ound or beds of natural growth of oysters, except as provided 
in section third of this act. 

§ 5. This act shall take effect immediately. 

(See Laws 1865, chapter 343; amended Laws 1870, chapter 93; §2 
repealed, Laws 1886, chapter 593.) 



of oysters 



Chapter 306, Laws 1866. 

An Act for the protection of the planting of oysters in the towns 
of Islip and Huntington, county of Suffolk, New York. 

Passed March 31, 1866. 

Section 1. It shall be lawful for any person being an inhabitant of Who^may 
the towns of Islip or Hunthigton, in Suffolk couty, State of New York, oysters in 
and having been such for the period of six months, to plant oysters in South bay. 
a,ny of the public waters of the Great South Bay, within either of the 
said towns; and upon complying with the provisions of this act here- 
inafter contained, he shall be entitled to and have the exclusive owner- 
ship and j)roperty in. all oysters upon the beds where the same were 
planted, and the exclusive right to use the said beds for the purpose 
aforesaid. 

§ 3. Any person being an inhabitant of either of said towns, as Taking 
-aforesaid, may, upon complying with the provisions of this act, plant oysters by 



68 THE FISH AND GAME LAWS 

party oysters on the beds so designated and marked out, and it shall not be 
the lawful for any person other than the one who planted the oysters and 

forbidden, his legal representatiA'es, to take away said oysters, or to disturb said 
beds either by oystering thereon, or in any other way disturbing said 
beds, under the penalty hereinafter provided. 
AVhen § 6. Any person entitled to plant oysters by having complied with 

plant the provisions of this act, and any such person who shall have aban- 
doned or ceased to use any such land for the purpose intended by 
this act, for the period of one year, shall forfeit all rights and privi- 
leges to the use of the same under this act; and any such person who 
shall remove from the town, and cease to be an inhabitant thereof, 
shall forfeit all rights and privileges acquired by him under this 
act, after two years of such removal, which period shall be allowed 
him for the purpose of removing the oysters jDlanted by him, and 
remaining on said beds at the time of his removal. 
§ 7. This act shall take effect immediately. 

(See Laws 1869, chapter 468; amended Laws 1872, chapter 666; 
repealed as to Huntington, Laws 1880, chapter 240; sections 4 and 5 
repealed Laws 1886, chapter 593.) 



Chapter 666, Laws 1872. 

Passed May 13, 1872. 
Section 1. Section two of the act entitled " An act for the protec- 
tion of the planting of oysters in the towns of Islip and Huntington, 
county of Suffolk," passed March thirty-one, eighteen hundred and 
sixty-six, is hereby amended so as to read as follows : 
Inhabi- § 2. Any person being such inhabitant of either of said towns may 

town may use a portion of the land under public waters within said towns, not 
under to exceed two acres, and on which there is no natural or planted bed 
the pur- of oysters or clams, for the purpose of planting oysters thereon; 
planting but to entitle such person to the privileges and comforts of such, all 
the portion so selected by him shall be clearlj'- marked and defined by 
means of stakes or otherwise, as a notice to the public that it is selec- 
ted and occupied for the purpose aforesaid; and no bed shall be so 
marked and defined until the bed shall be actually planted by such 
person, and shall not be so planted or used with less than four hun- 
dred bushels to the acre, or at the same rate for less than an acre. 
Oysters § 2. Any person who shall have planted oysters on any natural 

natural ;^!o\vth of clams before the passage of this amendment shall have two 



OF THE STATE OF NEW YORK. 69 

years from the date of this ameudment allowed him to remove the growth of 
same, and any oysters remaining on such natural growth of clams be re- 
beyond that time shall become public property. 

(See Laws of 1866, chapter 306; repealed as to Huntington, Laws 
1880, chapter 240.) 



Chaptee 240, Laws 1880. 

Passed May 8, 1880. 

Section 1. Chapter three hundred- and six of the laws of eighteen Chap. 306 
hundred and sixty-six, entitled " An act for the protection of the i866 and 
planting of oysters in the towns of Islip and Huntington, county Laws of 
of Suffolk, New York," and chapter six hundred and sixty-six of the pealed ,so 
laws of eighteen hundred and seventy-two, amendatory thereof, so far affects 
as said acts affect the present town of Huntington, in said county, are Hunting- 
hereby repealed. 

§ 2. This act shall take effect immediately. 



Chaptee 404, Laws 1866. 

An Act for the better protection of the planting of oysters in the 
waters of Kichmond county and of this State surrounding said 
county, and to regulate oystering and clamming upon beds of 
natural growth therein. 

Passed April 5, 1866. 

§ 5. Actions for any penalty under this act, brought before any Actions 
justice of the peace, may be commenced by warrant, and the party penalties, 
arrested and held to bail in the same manner as uj)on warrant issued 
by justices of the peace (and such process by warrant shall be deemed 
the commencement of such action), and the same proceedings had as 
in civil actions commenced by warrant before justices of the peace, 
and shall be governed by the same rules. And whenever any judg- 
ment thereon shall be had, execution shall be issued thereon immedi- 
ately in the same manner and with the like effect as is provided in 
section one hundred and twenty-six,- article nine, title four, chajpter 
two, third part of the Revised Statutes ; and all the provisions of said 
sections shall apply to executions issued by any justice of the jjeace 
pursuant to the provisions of this act. 

§ 8. In the event of any persons violating the provisions of either when 
of the first, second or sixth sections of this act, if the person or per- se^^oap^ 
sons by said sections authorized to sue for the penalty therein ete^^'"^' 



70 



THE FISH AND GAME LAWS 



Duty of 
sheriff. 



Answer 
and hear- 
ing. 



When ap- 
paratus, 
etc., to be 
sold. 



prescribed shall so elect, in lieu aud instead of suing for said penalty 
in a civil action, said person or persons may make complaint on oath 
in writing before any justice of the peace of said county of the 
infraction of the provisions of either of said sections, describing as 
near as may be the apj^aratus, boats and implements used in violating 
such provisions, and it shall thereupon be the duty of the officer to 
whom such complaint is made, to issue a warrant under his hand 
commanding the sheriff or any constable of said county to seize, 
attach, and safely keep all apparatus, implements, boats or other 
vessels used by any person or persons in violating the provisions of 
either of the aforesaid sections of this act. 

§ 9. It shall be the duty of the sheriff or constable receiving such 
process, to seize and take possession of all such apparatus, imple- 
ments, boats or other vessels used by any person or persons in 
violating any or either of the provisions of the aforesaid sections of 
this act, and such sheriff or constable shall forthwith make return 
thereof to the officer issuing the same, and hold said j^roperty in like 
manner as upon attachment in justices' courts, until such comi)laint 
shall be determined and judgment thereon satisfied, and shall give 
notice to the owner or person in possession of svich property when he 
will return said warrant, together with a copy of said warrant and 
the complaint upon which it was issued, and also give notice of such 
return to the complainant. 

§ 10. Upon the return of the said warrant, the person or persons 
charged with such offense, or the owners or persons in pos- 
session of the property so seized, ma}^ file an answer denying 
any or all of the allegations in said complaint alleged, and the hear- 
ing of said matter, or the trial of the issues thus joined, may be 
adjourned upon the application of either party, for a period not 
exceeding ninety days or longer by consent. If upon the hearing of 
said matter and trial of said issues, it shall appear that an offense has 
been committed against tinj of the provisions of the aforesaid section 
of this act, judgment therein shall be rendered for the penalty pre- 
scribed therein, and for the costs of said attachment at similar rates 
as upon attachments in justices' courts, and if the person or persons 
owning or claiming the said property so attached, or some one on 
their behalf, shall not pay the same within ten days after the 
rendering of said judgment, the property seized shall be sold 
in the same manner, and upon like notice as personal property 
under an execution in said courts under an execution to be issued 
therefor. 



OF THE STATE OF NEW TORE:. 71 

§ 11. Upon return being made of the said sale, after satisfying the Balance, 
amount of the judgment and costs, and the costs of said sale, themeifto/ 
balance, if any, shall be paid to the owner or owners of the ai-ticles etcf °^^^ 
seized, or shall be deposited with the treasurer of the county of 
Richmond to his or their credit. 

§ 12. Upon the return of said warrant, either party may demand, j^j.y ^^j. 
upon paying the fees therefor, a trial by jury, which jury shall be 
summoned and empaneled in the same manner as juries in courts of 
justices of the peace; and the attendance of witnesses for either 
party, and thegiving of testimony as a witness in behalf of either the 
complainant or the claimant of the property seized, may be compelled in 
the same manner as in courts of justices of the peace, and the trial of the 
issues shall be conducted in the same' manner as in courts of justices 
of the peace, and the officer issuing such warrant and executing the 
same shall be entitled to the same fees as are now prescribed for like 
service in proceedings by attachments in coui'ts of justices of the peace. 

§ 13. The proceedings by attachment provided for in the five last ^^^ach- 
preceding sections of this act, shall be a bar to any action or prosecu- ^^^l *** 
tion for the penalties prescribed and imposed in the third, fourth and '^^^• 
sixth sections of this act. 

§ 15. The act entitled "An act for the better protection of oysters 
in Richmond county," passed May fourth, eighteen hundred and 
sixty-four, and all acts and parts of acts inconsistent with the pro- 
visions of this act or any part thereof, are hereby repealed. 

§ 16. This act shall take effect immediately. 

(See Laws 1880, chap. 453; sees. 1, 2, 3, 4, 6, 7 and 14 repealed Laws 
1886, chap. 593.) 



Chaptee 234, Laws 1870. 

An Act for the preservation of shell-fish in the waters of South 
bay in Suffolk county. 

Passed April 15, 1870. 

Section 1. No person shall catch or take any oysters, clams, mussels useof 
or shells in the waters of the South bay, in Suft'olk county, with a drag^pro- 
dredge or drag. ^ 'i^^"*^'^- 

§ 2. No person shall have in his possession or use a dredge or drag j^jj 
in the waters of the South Bay, for the piu'pose of catching or taking 
oysters, clams, mussels, shells or any substance growing on the 
bottom. 

§ 3. No person shall take any oysters, clams, mussels or shells, or Taking 
any substance growing on the bottom from any public or private bed, ^^^^ ^^^' 



7:2 THE FISH AND GAME LAWS 

vate beds oi' in any of the waters of the said South bay, excejit between sunrise 
regulated , ', , 

and sunset on any day. 

Penalties § 4. Every person who shall use an}- dredge, drag, rake or tongs in 
tions. the waters of the South bay after sunset at evening, and before sun- 
rise in the morning, shall be deemed guilty of a violation of the pro- 
Posses- visions of the last preceding section. When any person, or persons 
drag or shall be found on the waters on the South bay with a drag or dredge 

be evi- in his or their possession, such possesion shall be prima facie evidence 

dence of . ..,. p ■, • • 

intent to of an intent to use the same m violation of the provisions of this act. 

use. 

Time for § 5. No person or persons shall catch or take away oysters, spawn 

oysters, or seed oysters in the waters of the South bay after the fifteenth day 
f>?c.rregu- of June and before the fifteenth day of Sei^tember in any year. 
Repeal § ^' ^^^ ^^^^ ^^^ parts of acts inconsistent with the foregoing pro- 

visions are hereby rej)ealed. 

(Section 8 repealed Laws of 1875, chapter 89; sections 6 and 7 
repealed Laws 1886, chapter 593 ) 



Chaptee 639, Laws 1871. 

An Act to regulate and protect the planting of oysters in the 
public waters of the towns of Jamaica and Hempstead, in the 
county of Queens. 

Passed April 20, 1871. 

Inhabi- Section 1. It shall be lawful for any person, being an inhabitant of 

tants mr- 
plant 

oysters. 



plant ' the towns of Jamaica and Hempstead, in the county of Queens, and 



having been such for the pei'iod of one year, to plant oysters, as pro- 
vided in section second of this act, in any of the public waters within 
the said towns, and upon complying with the provisions of this act, 

To have he shall be entitled to and have exclusive property and ownership in 

exclusive i 

property all oysters upon the beds where the same were planted, and the 

in oysters . . . 

and use of exclusive right to use the said beds for the purpose aforesaid; and 

no person other than such inhabitant of the towns of Jamaica and 
Non-resi- Hempstead shall have the right or privilege of using any portion of 
use waters the lands under the said public waters for the purpose of planting 

oysters thereon. 
Quautyof § 2. Any person, being such inhabitant of the towns of Jamaica and 
under Hempstead, may use a portion of the land under the aforesaid public 
allowed waters, not to exceed three acres, on which tliere is no planted bed of 
habitant, oysters, for the purpose of planting oysters thereon; but to entitle 
marked such person to the privileges and benefits of this act the portion so 
fined. selected by him shall be clearly marked and defined, by means of 



OF THE STATE OF NEW YORK. 73 

stakes or otherwise, as a notice to the public that it is selected and is 

occupied for the purpose aforesaid; and shall not be so planted or Number of 

held with less than fifty bushels to the acre, or at the same rate for be planted 

less than one acre. If the person entitled to plant oysters, by having 

complied with the provisions of this act, shall not actually occupy the Limita- 

land so staked out by him by planting- oysters thereon within six time for 

months after the granting of the certificate hereinafter mentioned, he and mark- 

ing, 
shall forfeit all rights and privileges to the use of the same. 

§ 3. Before any person shall occupy any lands under the public Town 
waters aforesaid, for the purpose of planting oysters under the pro- to grant 
visions of this act, he shall prove to the satisfaction of the board of cates of 
auditors of town accounts of said town, or a majority of them, that upon proof 
the land selected is not a planted bed of oysters, or, if planted, is not so 
planted by any person other than the applicant, and shall also prove, by 
at least five reputable residents and freeholders of said town, that he 
is, and has been for one year preceding, an inhabitant of the town. 
All the aforesaid proofs shall be taken in writing and signed and 
sworn to. Such board of auditors, or a majority of them, shall there- 
upon give to such person a certificate, under their hands, certifying Certificate 
that they are satisfied from such proof that the applicant is and has 
been for one year preceding an inhabitant of the town, and that the 
land selected does not contain a planted bed of oysters, or is not 
planted by any person other than such applicant. Such a certificate 
and the depositions aforesaid shall thereupon be filed in the town 
clerk's office, and the certificate shall be evidence of the facts therein 
contained. 

§ 4. Any person being an inhabitant of the town as aforesaid, may. Annual 
upon complying with the provisions of this act, plant oysters upon town, 
the beds so designated and marked, and shall pay, for the use of the 
said land to the supervisor of the town, the annual rent of five dollars 
for each acre so occupied or staked off. The sums so received in How 
each year shall be appropriated toward the payment of the current' 
annual expenses of said town; and it shall not be lawful for any per- 
son other than the one who planted the oysters and his legal repre- 
sentatives, to take said oysters or to disturb sa,id beds either by 
oystering or clamming thereon, or in any other way, under the 
penalty hereinafter provided. 

§ 6. Any person prosecuted for a penalty under the provisions of Arrests 
this act, maybe arrested and held to bail in the same manner as upon izeii. 
warrants issued by Justices of the peace, and whenever a recovery 
shall be had for any violation of the provisions of this act, execution 

10 



74 THE FISH AND GAME LAWS 

Execution shall be issued thereon immediately in the same manner and with the 

recovery, like effect, as is provided in section one^hundred and forty-three, 

article nine, title four, chapter two, third part of the Revised Statutes, 

third edition; and all the provisions of said section shall apply to 

executions issued pursuant to the provisions of this act. 

Eights to § 7. If any person, after having planted oysters in pursuance to the 

felted provisions of this act, shall have abandoned or ceased to use the land 

abandon- whereon the same are planted, for the period of one year, he shall 

beds for forfeit all the rights and privileges to the use of the same under this 
one year. j. o 

act; and any such person who shall remove from the town and cease 

Also ceas- to be an inhabitant thereof, shall forfeit all rights and privileges 

an inhab- acquired by him under this act, after one year from such removal, 

to'w which period shall be allowed him for the purpose of removing the 

oysters planted by him and remaining in the said beds at the time of 

his removal. 

Right of § 8. All persons now having oysters planted in the said public 

persons to 

remove 

oyste 



waters, under the provisions of any former act, shall have until the 
heretofore first day of January, one thousand eight hundred and seventy-two, to 

remove the same, after which time all such persons shall cease to have 
Exclusive exclusive right or control of the lands whereon the same are planted, 
when' to unless such person or persons again acquires the right to use said 
cease. j^nds under the provisions of this act. 

Dredging § 9- It shall not be lawful for any pers9ns to dredge for oysters in 
ilrohlbited any of the said waters; any person found dredging shall be guilty of 

a misdemeanor, and upon conviction shall be punished by a fine of 
Penalty, ^ot over one hundred dollars, or imprisonment in the county jail for 

not more than sixty days, or by both such fine and imprisonment. 
§ 10. This act shall take effect immediately. 
(See Laws 1859, chap. 468; amended by Laws 1872, chap. 607. See 

Laws 1879, chap. 384; sec. 5 repealed Laws 1886, chap. 593.) 



Chaptee 667, Laws 1872. 

An Act supplemental to an act entitled " An act to regulate and 
protect the planting of oysters in the public waters of the towns 
of Jamaica and Hempstead iu the county of Queens," passed 
April twentieth, eighteen hundred and seventy-one. 

Passed May l.J, 1872. 
Who may Section 1. It shall be lawful for any person, being an inhabitant of 
oysters. the towns of Jamaica and Hempstead, in the county of Queens, and 
having been an inhabitant thereof at least one year, to plant oysters 



OF THE STATE OF NEW YORK. 75 

in any part of the public waters of said towns, or either of them; sub- 
ject however to the provisions of the second section of the act to 
which this is a supplement. 

§ 2. Whenever any inhabitant of either of said towns shall have 
l^roved to the board of auditors of such town where the land applied 
for is situated, that he is entitled to receive the same, by having com- 
plied with the provisions of the second section of the act to which this 
is a supplement, it shall be the duty of said town board of auditors, 
or a majority of them, and they are hereby required to give to such 
persons a certificate, as provided for in the third section of the act to 
which this is a supplement, whether such persons reside in the same 
town where the land applied for is situated or not ; provided that 
where any person residing in one of said towns applies for land lying 
in the other, such application must be made to the board of auditors 
of the town where such land is situated. 

§ B. All acts or parts of acts inconsistent with this act shall be 
and the same are hereby repealed. 

§ 4. This act shall take effect immediately. 

(See Laws 1871, chapter ' 639.) 



Chapter 734, Laws 1868. 

An Act for the protection of the planting of oysters in the towns 
of Gravesend and Flatlands, Kings county. 

Passed May 8, 1868. 

Section 1. It shall be lawful for any inhabitant of the towns of inhabi- 

Gravesend and Flatlands, in Kings county, who shall have been such piaut 

inhabitants for six months immediately preceding, upon complying °^^ ®^^' 

with, the terms of this act, to plant oysters under the public waters To have 

. J. ./ J. exclusive 

withm their respective towns, and to have the exclusive property in property 

in oysters 
the oysters so planted, and the exclusive use of such oyster beds. and use of 

§ 2. The extent of the land under water so to be used by any one Extent oc 

person shall not exceed three acres, and shall be distinctly marked {fifder 

out by stakes or otherwise; but such privilege shall not be exercised Snowed 

without the written permit of the justice of the peace and the super- tionsol*^'' 

visor of such respective towns, setting forth the locality of such ^'*'^' 

premises sufficiently to distinguish the same, the terms of such privi- Supervis- 

lege, and the person to whom the same is given. Before granting iustiees to 

such permit, evidence satisfactory to the officer granting the same '"i*^^- 

shall be furnished that such i)remises are not a natural bed of oysters, 



76 THE FISH AND GAME LAWS 

Copy of and that they are not already occupied or used. A copy of such per- 
Dsrinit to f i- J- » X 

bedepos- mit, with the accompanying evidence, shall be deposited in the office 

town clerk of the town clerk of the town where such premises are situated; and 

such copy of the jjermit may be used as evidence of the facts therein 

stated. (Laws 1886, chap. 593.) 

In what § 3. Such privilege shall be forfeited by the person receiving such 

privileges permit, if the same be not actually used for sucli purposes within six 

deemed months from the granting of the same, or if the same be abandoned 

for a period of six months, or if such person shall cease to be an 

Rights to inhabitant of said town, or shall die; but in any such case of the 
remove .... 

oysters forfeiture of such privilege, the owner of such oysters, or his legal 
planted in i o » j > b 

eases of representatives, shall have six months thereafter to remove the oysters 
ures. already planted in such beds. 

(S^e Laws 1859, chap. 62; sec. 2. partly repealed Laws 1888, chap. 
573; Sup. Ct., 1883, People v. Thompson, 30 Hun, 457.) 



FISH-WAYS. 



Chapter 620, Laws 1881. 

An Act to amend section one of chapter two hundred and fifty- 
two of the Laws of eighteen hundred and eight}^ entitled " An 
act to provide for the construction of fish-ways in the state dams 
across the Oswego, Oneida and Seneca rivers." 

Passed July 8, 1881. 
Section 1. Section one of chapter two hundred and fifty-two of the 
Laws of eighteen hundred and eighty, entitled "An act to provide 
for the construction of fish-ways in the State dams across the Oswego, 
Oneida and Seneca rivers," is hereby amended so as to read as follows : 
Superin- § 1- ^^ shall be the duty of the superintendent of public works of 
tei^ent of ^j^-g g^g^^g ^Q cause fish-ways to be constructed and maintained in all 
buiW^fi*sh- ^fi® State dams across the Oswego, Oneida and Seneca rivers, to per- 
State ^^ ^i^ t^^ passage of all fish endeavoring to migrate to the waters 
ac^mss the above said dams. The said superintendent of public works shall 
One^^' construct and maintain said fishways in such manner and according 
Seneca ^^ such plans and specifications as the commissioners of fisheries may 
rivers. prescribe, provided thesuperintendent of public works shall determ- 
ine that the construction and maintenance of said fish-ways, in such 



OF THE STATE OF NEW YORK. 77 

manner and according to such plaas and specifications, will in no way 
interfere with the due and proper management and navigation of the 
canals, or materially injure the said dams. 
§ 2. This act shall take effect immediately. 



1,000 



Chaptee 308, Laws 1883. 

An Act to reappropriate the moneys appropriated by chapter two 
hundred and fifty-two of the Laws of eighteen hundred and 
eighty, entitled " An act to provide for the construction of fish- 
ways in the state dam across the Oswego, Oneida and Seneca 
rivers." 

Passed April 25, 1883. 

Section 1. The sum of five thousand dollars, appropriated by chapter ^'' 

-^^ -^ ./ X- reappro- 

two hundred and fifty-two of the Laws of eighteen hundred and priated. 
eighty, entitled "An act to provide for the construction of fish-ways 
in the State dams across the Oswego, Oneida and Seneca rivers," not 
having been expended, or any part thereof, and two years having 
elapsed since said appropriation, the said sum of five thousand dollars, 
or so much thereof as may be necessary, is hereby continued, revived 
and reappropriated, out of any moneys in the treasury not otherwise 
appropriated, to build and construct said fish-ways, and it shall be the 
duty of the superintendent of public works to build and construct 
the same, as provided by chapter two hundred and fifty-two of the 
Laws of eighteen hundred and eighty. 
§ 2. This act shall take effect immediately. 



Chapter 193, Laws 1886. 

An Act to provide for the construction of fish-ways in the State 
dams across the Oswego and Seneca rivers. 

Section 1. It shall be the duty of the superintendent of public rishways 
works of this State to cause to be constructed and maintained in and^how 
proper manner, in all the State dams across the Oswego and Seneca ted. 
rivers, and in such manner as not to injure said dams, fish-ways at 
least one foot in depth at the edge of said dams, and of proper width 
to allow all fish endeavoring to migrate to the waters of said rivers 
above the dams to pass over the same. The said fish-ways shall be 
placed at an angle of not more than thirty degrees, and extend 
entirely to the running water below the dams, and shall be protected 



78 



THE FISH AND GAME LAWS 



Plans 
therefor, 
how ap- 
proved. 



Appro- 
priation. 



on each side by a gunwale of at Isast one foot in height to confine 
the waters therein. Said fish-ways shall be constructed under the 
supervision of the superintendent of public works, upon plans to be 
approved by the commission of fisheries for the State of New York, 
and be located at such places in said dams, and built in such manner 
as shall best serve the pui'pose therefor, and of such material as said 
superintendent of public works shall direct. 

§ 2. The sum of three thousand dollars, or so much thereof as shall 
be necessary, is hereby appropriated out of any moneys in the 
treasury not otherwise appropriated, to build said fish-ways. 



Superin- 
tendent of 
public 
works to 
construct 
flish-ways. 
How con- 
structed. 



Appro- 
priation. 



Chapter 202, Laws 1886. 

An Act to provide for the construction of fish-ways in the dams 
across "Little Salmon river," in the town of Mexico, Oswego 
county, New York. 

Section 1. It shall be the duty of the superintendent of public 
works of this State to cause to be constructed and maintained in 
proper manner, in all the dams across " Little Salmon river," and in 
such manner as not to injure said dams, fish-ways of suitable depth, 
and so constructed as to allow all fish endeavoring to migrate to the 
waters of said river above the dams, to pass over the same. Said 
fish-ways shall be placed at an angle of not more than thirty degrees 
and extend entirely to the running water below the dams, and shall be 
bviilt upon plans to be aj)proved by the commission of fisheries of 
this State. 

§ 2. The sum of three thousand dollars, or so much thereof as 
shall be necessary, is hereby appropriated out of any moneys in the 
treasury not otherwise appropriated to build said fish-ways. 



Construc- 
tion of cer 
tain fish- 
ways. 



Chapter 544, Laws 1886. 

An Act to provide for the construction of a fish-way in the State 
dam across the Schoharie river at Fort Hunter, Montgomery 
county, and the Mohawk river at the aqueduct, Schenectady 
county. 

Section 1. It shall be the duty of the superintendent of jjublic 
works of this State to cause to be constructed and maintained in the 
State dam across the Mohawk river, near the aqueduct in Schenectady 
county, and in the State dam across the Schoharie river near the 



OF THE STATE OF NEW YOEK. 79 

village of Fort Hunter in Montgomery county, in such manner as not 
to impair said dams, a suitable fish-way in each dam, to allow all the 
fish endeavoring to migrate to the waters of said rivers above sitch 
dams to pass over such dams. The said fish-ways shall be constructed Duty of 
under the supervision of the superintendent of public works, and tendent of 
shall be located at such places in said dams and built in such manner works. 
and of such materials as he shall direct. 

§ 2. The sum of two thousand dollars, or so much thereof as may be Appro- 
necessary, is hereby appropriated, out of any moneys in the treasury 
not otherwise appropriated, to build said fish-ways. 



Chapter 55, Laws 1875. 

An Act to prohibit fishing near any fish-way established by the 

State. 

Section 1. The commissioners of fisheries of this State are hereby sign- 
required and directed to erect and maintain at a distance of eighty beereeted, 
rods from any fish-way established or constructed by the State in any 
stream or', water-course within its boundaries, sign-boards, on which 
shall be plainly printed or inscribed the words following, to wit: 
"Eighty rods to the fish-way. All persons are by law prohibited Inscrip- 
from fishing in this stream between this point and the fish- way;" said thereon. 
sign-boards to be erected on both sides of the stream, above and 
below the fish-ways. 

§ 2. No person shall catch, or attempt to catch, fish with any device Fishing 
whatever, within a distance of eighty rods from any fish-way estab- eighty 
lished or constructed by the State, in any stream or water-course fish-ways 
within its boundaries. ited. 

§ 3. Any person violating the provisions of the second section of Punish- 
this act shall be deemed guilty of a misdemeanor and shall be liable, violation. 
upon conviction thereof, to a fine not to exceed twenty-five dollars 
for every offense or be subject to not more than ten days imprison- 
ment in the county jail; said fine to be recovered before any justice 
of the peace of the county wherein the offense may be committed, 
who shall issue his warrant for the arrest of the offender upon the 
complaint of any person duly verified. 

§ 4. Any fine collected by virtue of the provisions of this act, shall Fine, how 
be paid to the overseer of the poor of the town in w'hich the offense of. 
was committed, to be applied by said overseer to the credit of ,the 
poor fund of said town. 

(See Laws 1868, chap. 285.) 



80 THE FISH AND GAME LAWS 

Chapter 512, Laws 1887. 

An Act to provide for the construction of a fish-way in the State 
dam at Troy. 

Duty of Section 1. The superintendent of public works of this State is hereby 

tendent of authorized to cause to be constructed, maintained and operated in 
works as the State dam across the Hudson river at Troy, in such a manner as 
structiug not to injure the said dam, a fish-way of proper width and depth to 
allow all fish endeavoring to migrate to the waters of the said river 
above the dam to pass over the same; such fishway to be placed at an 
angle of not more than thirty degrees, and extend entirely to the 
Location running water below the dam. The said fish-way shall be constructed 
nerof con- under the supervision of the fish commissioners of this State, and be 
located at such a place in said dam, and built in such manner and of 
Fish-way, such materials as said commissioners may direct. It shall be the duty 
closed. of the superintendent of public works to close the said fish-way when- 
ever the water in said river shall have reached such a level as to in 
any wise interfere with the use of the surplus waters on either side of 
said river by the lessees thereof, or to impede canal navigation. 

Appro- § 2. The sum of eighteen hundred dollars, or so much thereof as 

priation. • i i ■ -, ,. .1 

may be necessary, is hereby appropriated out of any moneys in the 

treasury not otherwise apjDropriated, to build said fish-way, payable 

by the treasurer on the warrant of the comptroller to the order of 

said superintendent. 

Rights to § 3. Nothing in this act contained shall be so construed as in any way 

water's to interfere with or abridge the rights to the surplus waters created 

granted by the erection of the State dam aforesaid demised by the people of 

the State of New York, in and by a certain grant or lease of said 

surplus waters, made by the people of the State of New York, to the 

Lansingburg Dry Dock and Hydraulic Company, the second day of 

January in the year one thousand eight hundred and thirty-two, and 

in and by a certain grant or lease of said surplus waters made by the 

people of the State of New York to George Tibbits, the twenty- sixth 

day of November, in the year one thousand eight hundred and thirty- 

fivCj or to interfere with or abridge the use of said surplus waters, or 

the rights, liberties and privileges granted and demised by said grants 

or leases. 

Repeal of § 4. Chapter five hundred and fifty-five of the Laws of eighteen 

acts, et<-. hundred and seventy, entitled "An act to jirovide for the construction 

of fish-ways in the State dams at Troy and Fort IMiller, and so much 

of chapter eight hundred and fifty of the laws of eighteen hundred 



OF THE STATE OF NEW YORK. 81 

and seventy-two, entitled "An act to provide for the construction of 
fish-ways in the State dams at Troy and Fort Miller, as relates to an 
appropriation for said dams, are hereby repealed. 
§ 5. This act shall take effect immediately. 



Chapter 501, Laws of 1884. 

An Act to provide for the construction of fish- ways in the State 
dams across the Oswego and Seneca rivers. 

Section 1. It shall be the duty of the superintendent of public Suporin- 
Avorks of this State to cause to be constructed and maintained in all construct 
the State dams across the Oswego and Seneca rivers, in such manner in state 
as not to injure the said dams, fish-ways (where not now constructed), 
at least one foot in depth at the edge of the dams, and of proper 
width to allow all fish endeavoring to migrate to the waters of said 
rivers above the dams, to pass over the same. The said fish-ways shall How to be 
be placed at an angle of not more than thirty degrees and extended 
entirely to the running water below the dams, and shall be protected 
on each side by a gunwale of at least one foot in height, to confine 
the waters therein. The said fish-ways shall be constructed under 
the supervision of the superintendent of public works, and be located 
at such places in said dams and built in such manner and of such 
materials as he shall direct. 

§ 2. [Appropriation.] 



Chapter 212, Laws 1862. 

An Act to facilitate the ingress of salmon into Cayuga lake, and 
for the protection of ' the same. 

Passed April 12, 1882. 
Section 1. The owner or owners of each and every dam, whether Alter the 
such owner be an individual, several individuals or the State, made on or be- 
across the Oswego river, or other rivers leading from the Cayuga lake first day of 
into Lake Ontario, so as to prevent the usual course of the salmon next. 
from going up the said rivers into Cayuga lake, shall, on or before the 
first day of October next, so alter such dam, by making a slope apron 
in the channel of said river, at least five feet wide, smoothly planked, 
descending from the top of the dam on an angle of not more than 
thirty degrees, and extending to the bottom of the river below, with a 
side plank of at least one foot in width attached to each side of said 
apron, in such a manner as to confine tlie water to the channel-Avay 
11 



Penalty 

for 

neglect. 



For pres- 
ervation 
of flsh. 



THE FISH AND GAME LAWS 

of said apron in its passage over the dam. Each such dam shall be 
made at least one foot lower at the place where such apron is joined 
thereto to create a sufficient draft and depth of water on said apron 
for the free passage of salmon up said river and over said dams to the 
waters in Cayuga lake. 

§ 2. The owner or owners of every such dam, who shall refuse or 
neglect to build' and keep in repair an apron, according to the pro- 
visions contained in the foregoing section, shall forfeit the sum .of one 
hundred dollars and costs of suit, for every month he or they may so 
neglect or refuse, and any person feeling himself aggrieved may prose- 
cute therefor in his own name, by action of debt, in any court having 
cognizance thereof. The one-half of said penalty when so recovered 
shall be paid to the person prosecuting therefor, and the other half to 
the commissioners of highways of the town where such recovery shall 
be had, to be applied in repairing the roads and bridges in such town. 

§ 3. It shall not be lawful for any person to spear, or in any manner 
catch or destroy any salmon or other fish, while passing up said apron 
or aprons, or within distance of ten rods thereof, whereby they may 
be prevented or distui-bed from pursuing theii- usual course up said 
river. Every person offending against the provisions of this section, 
shall, for every such offense, forfeit the sum of twenty-five dollars and 
costs of suit, to be recovered in the same manner and applied in the 
same way as provided in the last preceding section. 

§ 4. All acts and parts of acts, heretofore passed, in relation to 
dams or obstructions in the rivers above recited in the first section of 
this act, conflicting with this act, or regulating the fishery in the 
same, are hereby repealed. 



FOREST PRESERVE. 



Chaptek 288, Laws 1885. 

An Act to establish a forest commission, and to define its powers 
and duties, and for the preservation of forests. 

Forest SECTION 1. There shall be a forest commission which shall consist of 

sionTolae three persons, who shall be styled forest commissioners, and who may 
by^ov-^ be removed by the governor for cause. The forest commissioners 
ernor, etc. ^^^^l be appointed by the governor, by and with the advice and con- 
sent of the senate. 



OF THE STATE OF NEW YOEK. 83 

§ 2, At the first meeting of the forest commissioners they shall divide Terms of 
themselves by lot, so that the term of one shall expire in two years, ° 
one in four years, and one in six years from the first day of February 
next ensuing. Except as to the three terms of of&ce thus determined, 
the term of office of a forest commissioner shall be six years, from 
the first day of February on which the preceding term expires. 

§ 3. During the month of January in the year eighteen hundred and Future 
eighty-eight, and in every second year thereafter, the governor by and ment&\ " 
with the advice and consent of the senate shall appoint one forest com- 
missioner. Vacancies that may exist in the office of a forest commis- 
sioner after the commencement of a term of office shall be filled by 
the governor's appointment, subject to the confirmation of the senate 
at its next session for the unexpired portion of the term in which the 
vacancy occurs. 

§ 4. The forest commissioners shall serve without compensation, To serve 
except that there shall be paid them their reasonable exj)enses incurred compen- 
in the performance of their official duties. 

§ 5. The forest commission shall have power to employ a forest Forest 
warden, forest inspectors, a clerk and all such agents as they may deem inspectors 
necessary and to fix their compensations, but the expenses and salaries 
of such warden, agents, clerk, inspectors and assistants shall not 
exceed in the aggregate, with the other expenses of the commission, 
the sum therefor appropriated by the legislature. 

§ 6. The trustees of public buildings, under chapter three hundred office for. 
and forty-nine laws of eighteen hundred and eighty-three, shall pro- 
vide rooms for office for the forest commission, with proper furniture, 
and fixtures, and with warming and lights. 

S 7. All the lands now owned, or which may hereafter be acquired, Location 

of forest 
by the State of New York, within the counties of Clinton (excepting preser^'e. 

the towns of Altona and Dannemora), Delaware, Essex, Franklin, 

Ftdton, Hamilton, Herkimer, Lewis, Saratoga, St. Lawrence, Warren, 

Washington, Greene, Ulster and Sullivan, shall constitute and be known 

as the forest preserve, except all such lands, not wild lands, as have 

been, or may hereafter be, acquired by the State of New York upon or 

by foreclosure of, or sale pursuant to any mortgage upon lands made 

to the commissioners for loaning certain moneys of the United States, 

usually called the United States deposit fund; and all such excepted 

lands acquired by the State of New York may be sold and conveyed as 

provided by law. (Chapter 520, Laws 1888.) 

§ 8. The lands now or hereafter constituting the forest preserve to be kept 

shall be forever kept as wild forest lands. They shall not be sold, nor 



84 



THE FISH AND GAME LAWS 



forest 
lands. 



Powers 
and duties 
of com- 
mission. 



Officers 

may 

arrest 

offenders 

without 

warrant. 



Commis- 
sion may 
bring ac- 
tion for 
injuries, 
etc. 



shall they be leased or taken by any person or corporation, public 
or private. 

§ 9. The forest commission shall have the care, custody, control and 
superintendence of the forest preserve. It shall be the duty of the com- 
mission to maintain and protect the forests now on the forest i^reserve, 
and to promote as far as practicable, the further growth of forests 
thereon. It shall also have charge of the public interests of the State 
with regard to forests and tree planting, and especially with refer- 
ence to forest fires in every part of the State. It shall have as to all 
lands now or hereafter included in the forest preserve, but subject to 
the provisions of this act, all the powers now vested in the commis- 
sioners of the land ofl&ce, and in the comptroller as to such of the said 
lands as are now owned by the State. The forest commission may 
from time to time prescribe rules and regulations, and may from time 
to time, alter or amend the same, affecting the whole or any part of 
the forest preserve, and for its use, care and administration; but 
neither such rules or regulations, nor anything herein contained, shall 
prevent or operate to prevent the free use of any road, stream or 
water as the same may have been heretofore used or as may be reason- 
ably required in the prosecution of any lawful business. 

§ 10. The forest warden, forest inspectors, foresters and other per- 
sons acting upon the forest preserve under the written employment 
of the forest warden or of the forest commission may, without war- 
rant, arrest any person found upon the forest preserve violating any 
of the provisions of this act; but in case of such arrest, the person 
making the arrest shall forthwith take the person arrested before the 
nearest magistrate having jurisdiction to issue warrants in such case, 
and there make, or procure to be made, a complaint in writing, upon 
which complaint the magistrate shall act as the case may require. 

§ 11. The forest commission may bring in the name or on behalf of 
the people of the State of New York, any action to prevent injury to 
the forest preserve or trespass thereon, to recover damages for such 
injury or trespass, to recover lands properly forming part of the forest 
preserve, but occupied or held by persons not entitled thereto, and in 
all other respects, for the protection and maintenance of the forest 
preserve, which any owner of lands would be entitled to bring. The 
forest commission may also maintain in the name or on behalf of the 
people of the State, an action for the trespass si^ecified in section 
seventy-four, article fifth, title five, chapter nine, part one of the 
Kevised Statutes, when such trespass is committed upon any lands 
within the forest preserve. In such action there shall be recoverable 



or THE STATE OF NEW TOEK. 85 

the same penalty, and a like execution shall issue, and the defendant 
be imprisoned thereunder without being entitled to the liberties of 
the jail, all as provided in sections seventy-four and seventy-six of the 
said article; and in. such action the plaintiff shall be entitled to an 
order of arrest before judgment, as in the cases mentioned in section 
five hundred and forty-nine of the Code of Civil Procedure. The tres- 
pass herein mentioned shall be deemed to include, in addition to the 
acts specified in the said section seventy-four, any act of cutting or 
causing to be cut, or assisting to cut, any tree or timber standing 
within the forest preserve, or any bark thereon, with intent to remove 
such tree or timber, or any part thereof, or bark therefrom, from the 
said forest preserve. With the consent of the attorney-general and 
the comptroller, the forest commission may employ attorneys and 
counsel to prosecute any such action, or to defend any action brought 
against the commission, or any of its members or subordinates, arising 
out of their or his official conduct with relation to the forest jjreserve. 
Any attorney or counsel so employed shall act under the direction of Attorney 
and in the name of the attorney general. Where such attorney or counsel, 
counsel is not so employed, the attorney-general shall prosecute and 
defend such actions. 

§ 12. In an action brought by or at the instance of the forest com- injunc- 
mission, an injunction, either preliminary or final, shall upon applica- granted. 
tion be granted, restraining any act of trespass, waste or destruction 
upon the forest preserve. 

§ 13. Whenever the State owns or shall own an undivided interest Partition 
with any person in any lands within the counties mentioned in held in 

.1 n ,1 • , • T-iiT- . n common 

section eight of this act, or is or shall be m possession of any by people 
1 1 1 • • J. i. J. 1. J. ■ -XT 1 ^nthindi- 

such lands as joint tenant or tenants m common with any person who riduals. 

has an estate of free hold therein, the attorney-general shall, upon the 
request of the forest commission, bring an action in the name of 
the people of the State of New York, for the actual partition of the 
said lands according to the respective rights of the parties interested 
therein; and upon the consent in writing of the forest commission 
any such person may maintain an action for the actual partition of 
such lands, according to the respective rights of the parties interested 
therein, in the same manner as if the State were not entitled to 
exemption from legal proceedings, service of process in such action 
upon the attorney-general to be deemed service upon the State. Such 
actions the proceedings and the judgment therein, and the proceed- 
ings under the judgment therein, shall be according to the practice 
at the time prevailing in actions of partition, and shall have the same 



86 THE FISH AND GAME LAWS 

force and effect as in other actions, except that no costs shall be 
allowed to the plaintiff in such action, and except that no sale of siich 
lands shall be adjudg-ed therein^ The forest commission ma}' without 
suit, but upon the consent of the comptroller, agree with any person 
or persons owning lands within the said town, jointly or as tenants in 
common with the State for the partition of such lands, and upon such 
agreement and consent the comptroller shall make on behalf of the 
peojile of the State any conveyance necessary or proper in such par- 
tition, such conveyance to be forthwith recorded as now provided by 
law as to conveyances made by the commissioners of the land office. 
laeome. § 14. All income that may hereafter be derived from State forest 
lands shall be jDaid over by the forest commissioner to the treasury 
of the State. 
Accounts. § 15. A strict account shall be kept of all receipts and expenses, 
which account shall be audited by the comptroller, and a genei^al 
summary thereof shall be reported annually to the legislature. 
Report. § 16. The forest commission shall in January of every year, make a 

written report to the legislature of their proceedings, together with 
such recommendations of further legislative or official action as they 
may deem proper. 
Supervi- § 17. The supervisor of every town in the State in which wild forest 
town pro- lands belonging to the State are located, except within the counties 
lands. mentioned in section seven of this act, shall be by virtue of his office 
injuries to the protector of these lands, subject to the instructions he may receive 
attorney, from the forest commission. It shall be his duty to report to the dis- 
prosecute trict attorney for prosecution any acts of spoliation or injury that may 
be done, and it shall be the duty of such district attorney to institute 
proceedings for the prevention of further tresijass, and for the 
recovery of all damages that may have been committed, with costs of 
prosecution. The supervisors shall also report their proceedings 

Forest therein to the forest commission. In towns where the forest cora- 
guarcTs. 

mission shall deem it necessary, they may serve a notice upon the 

supervisor, requiring him to appoint one or more forest guards, and 

if more than one in a town, the district of each shall be properly 

defined. The guard so appointed shall have such powers and perform 

such duties, and receive such pay as the forest commission may 

determine. 

Measures § 18. The forest commission shall take such measures as the depart- 

intere'st in ment of public instruction, the regents of the imiversitv and the 
schools on „ _ . . , - . • , ,* • 1 1 1/. 

subject of forest commission may approve, for awakening an interest in behaif 

of forestry in the public schools, academies and colleges of the State, 



OF THE STATE OF NEW YOEK. 87 

and of imparting some degree of elementary instruction upon this 
subject therein. 

§ 19. The forest commission shall, as soon as practicable, prepare Tracts, 
tracts or circulars of information, giving plain and concise advice for etc?^ ^^^' 
the care of woodlands upon private lands, and for the starting of new 
plantations uiDon lands that have been denuded, exhausted by cultiva- 
tion, eroded by torrents or injured by fire, or that are sandy, marshy, 
broken, sterile or waste, and unfit for other use. These publications 
shall be furnished without cost to any citizen of the State, upon 
application, and proper measures may be taken for bringing them to 
the notice of persons who would be benefited by this advice. 

§ 20. Every supervisor of a town in this State, excepting within the Super- 
counties mentioned in section seven of this act, shall be ex officio fire officio fire 
warden therein. But in towns particularly exposed to damages from 
forest fires, the supervisor may divide the same into two or more dis- Towns ex- 
tricts, bounded as far as may be by road, streams of water or dividing iamage 
ridges of land or lot lines; and he may, in writing, appoint one resi- ^ted and 
dent citizen in each district as direct fire warden therein. A descrip- Sufre^flre 
tion of these districts, and the names of the district fire wardens thus ^ppohitld 
appointed, shall be recorded in the ofiice of town clerk. The super- 
visor may also cause a map of the fire district of his town to be posted 
in some public place, with the names of the district fire wardens 
appointed. The cost of such map, not exceeding five dollars, may be Maps, cost 
made a town charge, and the services of the fire wardens shall also be ^^' ®**^" 
deemed a town charge and shall not exceed the sum of two dollars per 
day for the time actually employed. Within the counties mentioned Fire war- 
in section seven of this act, such persons shall be fire wardens as may counties 
from time to time be appointed bj^the forest commission. The persons duties 'of, 
so appointed shall act during the pleasure of the forest commission, 
and there shall be applicable to them all the provisions of this act 
with reference to supervisors and district town wardens. Upon the 
discovery of a forest fire, it shall be the duty of the fire warden of 
the district, town or county, to take such measures as may be neces- 
sary for its extinction. For this purpose he shall have authority to 
call upon any person in the territory in which he acts for assistance 
and any person shall be liable to a fine of not less than five nor more 
than twenty dollars for refusing to act when so called upon. 

§ 21. The forest commission, the forest warden, the forest inspector, Powers 
the foresters, and any other person employed by or under the of officers 
authority of the forest commission, and who maybe authorized by case of 
the commission to assume such duty, shall, within the counties men- woods. 



88 THE FISH AND GAIVIE LAWS 

tioned in section seven of this act, whenever the woods in any such 
town shall be on fire, perform the duty imposed upon them, and in 
such case shall have the powers granted to the justicts of the peace, 
the supervisors and the commissioner of highways of such town, by 
title fourteen of chapter twenty of part one of the Revised Statutes, 
with reference to the ordering of persons to assist in extinguishing 
fires or stopping their progress; and any person so ordered by the 
forest commission, the forest warden, the forest inspectors, the foresters, 
or any of them, or any other person acting or authorized as aforesaid, 
who shall refuse or neglect to comply with any such order, shall be 
liable to the punishment prescribed by the said title. 
Action not § 22. No action for tresj)ass shall be brought by any owner of land 
brought for entry made upon his premises by persons going to assist in 
or en ly. extinguishing a forest fire, although it may not be upon his land. 
FencGs § 23. The fire wardens, or the supervisor, where acting in general 

strojed, charge, may cause fences to be destroyed, or furrows to be plowed, to 
check the running of fires, and, in cases of great danger, back fires 
may be set along a road or stream, or other line of defense, to clear 
oii the combustible inaterial before an advancing fire. 
Super- § 24. The supervisor of every town, of which he is a fire warden as 

POTt^ttres!" aforesaid, and in which a forest fire of more than one acre in extent 
® ^" has occurred within a year, shall report to the forest commission the 

extent of the area burned over, to the best of his information, together 
with the probable amount of property destroyed, specifying the value 
of timber, as near as may be, and the amount of cord wood, logs, 
bark or other forest products, and of fencing, bridges, and buildings 
that have been burned. He shall also make inquiries and report as to 
the causes of these fires, if they can be ascertained, and as to the 
measures employed and found most effectual in checking their pro- 
gress. A consolidated summary of these returns by counties, and of 
the information as to the same matter, otherwise gathered by the 
forest commission shall be included in the annual report of the forest 
commission. 
Eailroad § 25. Every railroad company whose road passes through waste or 
k\s" named forest lands, or lands liable to be overrun by fires, within this State, 
burn* au( ^^^y[ twice in each year cut and burn off, or remove from its right of 
grass etc. ^^^^ ^^i gi-ass, brush or other inflammable material, but under proper 
care, and at times when the fires thus set are not liable to sjjread 
beyond control. 
Locomo- § 2G. All locomotives which shall be run through forest lands shall 
provided be provided, within one year from the date of this act, with approved 



OF THE STATE OF NEW YOEE. 89 

and sufficient arrangements for preventing tlie escape of fire from with ar- 
their furnace or ash-pan, and netting of steel or iron wire upon their ments to 
smoke-stack to check the escape of sparks of fire. It shall be the escape of 
duty of every engineer and fireman employed upon a locomotive, to 
see that the appliances for the prevention of the escape of fire are in 
use and applied, as far as it can be reasonably and possibly done. 

§ 27. No railroad company shall permit its employes to deposit Fire, coals 
fire, coals or ashes upon their track in the immediate vicinity not to be 
of woodlands or lands liable to be overrun by fires, and in all in vicinity 
cases where any engineer, conductor or trainmen, discovers that lands, 
fences along the right of way on woodlands adjacent to the rail- 
road are burning, or in danger from fire, it shall be their duty to 
report the same at their next stopping place, and the person in charge 
of such station shall take prompt measures for extinguishing such fires. 

§ 28. In seasons of drought, and especially during the first dry time Trackmen 
in the spring, after the snows have gone and before vegetation has drought, 
revived, railroad companies shall employ a sufficient additional num- 
ber of trackmen for the prompt extinguishment of fires. And where 
a forest fire is raging, near the line of their road, they shall concen- 
trate such help and adopt such measures as shall most effectually 
arrest their progress. 

§ 29. Any railroad company violating the provisions or requirement Penalty, 
of this act, shall be liable to a fine of one hundred dollars for each 
offense. 

§ 30. The forest commission shall, with as little delay as practicable, Euies for 
cause rules for the prevention and suppression of forest fires to be tion of for- 
printed for posting in school-houses, inns, saw-mills, and other wood- be p/inted 
working establishments, lumber camps, and other places, in such por- posted, 
tions of the State as they may deem necessary. Any person maliciously 
or wantonly defacing or destroying such notices, shall be liable to a fine 
of five dollars. It shall be the duty of forest agents, sujjervisors and 
school trustees, to cause these rules, when received by them, to be 
properly posted, and replaced when lost or destroyed. 

§ 31. Any person who shall willfully or negligently set fire to, or willful 
assist another to set fire to any waste or forest lands belonging to the Iresf'^'ow 
State or to another person, whereby the said forests are injured or ^^""^ 
endangered, or who suffers any fire upon his own land to escape or 
extend beyond the limits thereof, to the injury of the woodlands of 
another or of the State, shall be liable to a fine of not less than fifty 
dollarg nor more than five hundred dollars, or to imprisonment of not 
less than thirty days nor more than six months. He shall also be 
12 



90 



THE FISH AKD GAME LAWS 



liable in an action for all damages that may be caused by such fires; 
such action to be brought in iinj court of this State having jurisdic- 
tion thereof. 
$15,000 § 32. Fifteen thousand dollars is hereby appropriated out of any 

priated. moneys in the treasury not otherwise approj^riated, for the purposes 
of this act. And no liabilities shall be incurred by said forest com- 
missioners in excess of this appropriation. 
§ 33. This act shall take effect immediately. 
See Laws 1886, chap. 280. 



Assess- 
ment of 
State 
lands in 
forest 
preserve. 



Town 



to file copy 
of assess- 
ment-roll 
witti 

Comptrol- 
ler. 



Additional 
statement 



Comptrol- 
ler may 
correct as- 
sessment. 



Approval 
of Comp- 
troller of 
assess- 
ment be- 
fore deliv- 
ery to 
town.! 



Chaptee 280, Laws 1886. 

An Act to provide for the taxation of forest lands in the counties 
known as the Forest Preserve. 

Passed May 5, 1886. 
Section 1. All wild or forest lands belonging to or which may here- 
after be acquired by the State within the limits of the forest preserve, 
as established by chapter two hixndred and eighty-three of the Laws 
of eighteen hundred and eighty-five, shall be assesed and taxed at a 
like valuation and at a like rate as those at which similar lands of 
individuals within such counties are assessed and taxed, subject how- 
ever to the provisions of this act. On or before August first in every 
year, the assessors of the town within which the lands so belonging to the 
State are situated shall file in the office of the comptroller, and in the 
office of the forest commission, a copy of the assessment-roll of the 
town, which, in addition to the other matters now required by the law 
to be stated therein, shall state and specify which and how much if 
any of the lands assessed are forest lands, and also and separately 
which and how much if any of the lands assessed are lands belonging 
to the State; such statements and si^ecifications to be verified by the 
oaths of a majority of the said assessors. The comptroller shall there- 
upon and before the first day of September following, and after hear- 
ing the assessors and the forest commission, if they or any of them so 
desire, correct or reduce any assessment of State lands which may in 
his judgment be in unfair proportion to the remaining assessments of 
lands within the town, and shall in other respects approve the assess- 
ment and communicate such approval, and no such assessment of 
State lands shall be valid for any purjjose until the amount of the 
assessment is so approved by the comptroller, and such approval 
attached and deposited with the assessment-roll of the tow» and 
therewith delivered by the assessors of the town to the supervisor of 



OF THE STATE OF NEW YORK. 91 

the town, or other officer authorized to receive the same from the 
assessors. No tax for the erection of a school-house or opening a road Proviso as 
shall be imposed upon State lands, unless such erection or opening school- 
shall have been first approved in writing by the forest commission, roads, etc. 
Payments of the taxes which may be imposed according to law and the Taxes 
provisions of this act upon lands so belonging to the State shall in state 
every year be made by the treasurer of the State upon the certificate be paid'^by 
of the comptroller as to the lawful and just amount of such taxes, hj Treasurer 
allowing to the treasurer of the county in which any such lands may Credit by 
be situated a credit of the amount of such taxes due upon such lands, treasurers 
upon the amount payable by such county treasurer in such year to 
the State for State taxes ; providing however that no fees shall be no fees ai- 
allowed by the comptroller to the county treasurers in adjusting their treffsurers 
accounts for such portion of the State tax as is so paid. 
§ 2. This act shall take effect immediately. 



Chapter 562, Laws 1887. 

An Act to establish parks for the propagation of deer and other 
game upon lands belonging to the State situated in the Catskill 
regions. 

Section 1. The forest commission is hereby authorized and directed Deer and 
to set apart tracts of land not exceeding three in number of such size land set 
as they may deem j^roper belonging to the State in the Catskill region, 
now constituting a part of the forest preserve, for the purpose of 
breeding deer and wild game. 

§ 2. Said forest commission may establish all proj)er rules for the Euies for 
protection of said land and game therein. 

§ 3. Said commissioners are authorized to purchase and turn out How 
upon such land such deer or other game as they may think proper. 

§ 4. No game shall be killed or pursued, trapped, or in any way Killing: of, 
destroyed within the limits of said lands so set apart for a period of f""*^ ^ ^ ** 
five years. 

§ 5. The sum of five thousand dollars is hereby appropriated to be Appropri- 
paid by the Comptroller, at such time and such amount as the com- 
missioners may desire for the purposes of this act, and the commission 
is authorizerl to receive private subscriptions and expend the same for 
such purposes. 



92 



THE FISH AND GAME LAWS 



PENAL CODE. 



Public 
sports. 



Punish- 
ment ot 
Sabbath 
breaking. 



Disposing 
of tainted 
food. 



Non-resi- 
dent tak- 
ing or 
planting 
oysters. 



Using net 
or weir 
unlaw- 
fully in 
Hudson 
river. 
Use of 
certain 
dredges. 



§ 205. All shooting, hunting, fishing, playing, horse-racing, gaming 
or other public sports, exercises or shows upon the first clay of the 
week, and all noise disturbing the peace of the day are prohibited. 
(See section 32 of chapter 534, Laws 1879). 

§ 269. Sabbath breaking is a misdemeanor punishable by a fine not 
less than five dollars and not more than ten dollars, or by imprison- 
ment in a county jail not exceeding five days, or by both; but for a 
second or other offense, where the parties shall have been previously 
convicted, it shall be punishable by a fine not less than ten dollars and 
not more than twenty dollars, and by imprisonment in a county jail 
not less than five nor more than twenty days. (Laws 1887, Ch. 535.) 

§ 408. A person who, with intent that the same may be used as 
food, drink or medicine, sells or offers or exposes for sale any article 
whatever which to his knowledge is tainted or spoiled, or for any 
cause unfit to be used as such food, drink or medicine, is guilty of 
a misdemeanor. 

§ 441. A person, who not being at the time an actual inhabitant and 
resident of this state, plants oysters in the waters of this state, without 
the consent of the owner of the same, or of the shore, or gathers 
oysters or other shell-fish from their beds of natural growth, in any 
such waters on his own account or for his own benefit, or for the 
benefit of a non-resident employer, is guilty of a misdemeanor, punish- 
able by imprisonment not exceeding six months, or by fine not exceeding 
one hundred dollars, or both. 

§ 433. A person who uses any net or weir for setting or attaching 
nets or a pole or other fixtures in any part of the Hudson river, 
except as permitted by statute, is guilty of a misdemeanor. 

§ 442. A person who uses a dredge or drag operated by steam, or 
any dredge or drag weighing over thirty pounds for the purpose of 
catching, or taking oysters or other shell fish from beds of natural 
growth in the waters of this State is guilty of a misdemeanor. (Chap. 
526, Laws 1888.) 

§ 640, subd. 8. Unlawfully takes or carries away, or interferes with, 
or disturbs by any means the oysters or other shell fish of another, 
legally planted upon the bed of any river, bay, sound or water; or 



OF THE STATE OF NEW YOEK. 93 

I'emoves, pulls up or destroys any stake, designating or marking out 
the legally planted oyster bed of another; or (Chapter 491, Laws 
1888), 

§ 640, subd. 10. Kills, wounds or traps any bird, deer, squirrel, 
rabbit or other animal within the limits of any cemetery or public 
burying ground, or of any public park or pleasure ground, or removes 
the young of any such animal, or the eggs of any such bird, from any 
cemetery, park or pleasure grounds, or exposes for sale or knowingly 
buys or sells any bird or animal so killed or taken. 

Is punishable by imprisonment not exceeding six months, or a fine 
not exceeding two hundred and fifty dollars, or both. 

§ 15. A misdemeanor, when no special punishment is prescribed, is Punish- 
punishable by imprisonment in a penitentiary or county jail for not Sfsde^ 
more than one year, or by a fine of not more than five hundred dollars °^®^^'^^^- 
or both. 



INDEX. 



ACCOUNTS, PAGE, 

receipts and expenses 86 

ACTIONS, 

certain penalties and costs recovered in courts of record 4 

commissioners may institute suit for confiscation of pound weir or 

net 5 

to be prosecuted to determination where they shall be commenced, 6 
certain actions to be commenced by order of fish and game 

protectors 6 

protector has power to discontinue 6 

fees, costs, disbursements in certain actions 7 

moneys necessary in certain actions to be advanced by order of 

district attorney 7 

protector bringing suit to receive one-half fines, etc 7 

no action shall lie against person who destroys nets, etc., in com- 
pliance with law . . ; 9 

in Chautauqua county 35 

how brought 40 

in certain counties 45 

proceedings in case of prosecution in Queens county 66 

for penalties in Eichmond county 69 

to be brought before justice of the peace, to be commenced by 

warrant, arrest and bail in 69 

proceedings same as civil action 69 

when sheriff to seize apparatus 69, 70 

complaint in 70 

answer and hearing in 70 

when apparatus to be sold 70 

balance after payment of judgment 66 

jury trial 71 

attachment to what a bar 71 

brought by forest commissioners for injuries 84 

maintained by forest commissioners for trespass 84 

force and effect 85 

for partition of lands maintained, etc 85 

injunction to be granted 85 

with regard to partition of lands, force and effect 85 

exception 96 

not to be brought for entry 88 

may be.brought in any court of this State 96 

in case of ^damages for willful setting of fire 90 



96 INDEX. 

ADIRONDACKS, page. 

stocking in region of 18 

fish hatcheries to be erected in 49 

fish hatchery to be established in 49 

lands appropriated for fish hatcheries 50 

establishment of fish hatcheries in 51 

appropriation for and how paid 51 

part of forest preserve 83 

ALBANY, 

song and small birds 32 

ALDERMEN, 

in city of New York 27 

may employ special detectors 27 

may pay awards 27 

may raise tax 27 

ALE WIVES, 

catching with nets in lake Keuka 16 

ANATID^, 

defined as " game birds " 33 

ANGLING, 

catching fish by other means in Otsego lake prohibited 37, 38 

salmon .' 46 

in certain waters in town of Saugerties 41 

taking fish by other means from Chautauqua forbidden 42 

in Henderson bay 44 

in Lake Ontario 44 

in Jefferson county 45 

in Lake Ontario regulated 45 

in Cattaraugus creek regulated 46 

in Raritan bay regulated 47 

ANNUAL REPORT, 

of forest commission 88 

ANIMALS, 

young exposed for sale in public grounds, etc 93 

buying or selling 93 

killed, wounded or trapped in cemetery, etc 93 

young removed from public grounds 93 

APPROPRIATIONS, 

fish and game protectors 8 

for construction of flshways 80 

for purposes of forestry 90 

for purposes of propagation of deer, etc 91 

ASSESSMENT, 

approved by comptroller, etc 90 

of State lands in forest preserve 90 



INDEX. 97 

ASSESSMENT — ( Continued), page. 

comptroller may correct 90 

roll to be filed by town assessors 90 

ATTOENEY-GENEEAL, 

may furnish from his office legal assistance for protectors 8 

chief protector may apply to him for construction of statutes 8 

power when no attorney, etc. , is employed 85 

ATTOENEYS, ETC., 

to. be employed by forest commission 85 

AUDITOES, 

' of Babylon to appoint oyster commission : 58 

of Islip to appoint oyster commission 58 

oyster commissioners to account to 60 

to receive moneys 60 

BABYLON, 

any inhabitant of, may locate lot for oyster bed in Great South 

bay 57 

auditors of ,. to appoint oyster commissioners 58 

not to pay fees or charges allowed commissioners . ......... 60 

non-residents 60 

BASS, 

catching with nets in Lake Keuka 16 

in St. Lawrence, Clyde, Seneca and Oswego rivers 19 

in Ontario, Conesus and Black lakes 19 

sale of 19 

shutting and drawing olT waters 20 

black, possession of, when prohibited 43 

Oswego, possession of, when prohibited 43 

when caught in Lake Ontario by net 45 

BAY CONSTABLES, 

duties of 29 

penalties for failure to act 29 

powers of 29 

BAY SNIPE, 

season for, ia certain counties 35 

BIEDS, 

protectors may arrest for violation of laws for protection of 7, 8 

imported 32 

caged ■ 32 

for scientific purposes 32 

caged and imported excepted .- 38 

buying and selling 93 

killing, wounding or trapping in cemetery, etc 93 

BLACK BASS, 

weight and length of 19 

catching in certain waters 19 

13 



98 INDEX. 

BLACK BASH — ( Continued ), p^o^ 

season for, in Lake Erie 19 

Niagara river 19 

exposing for sale in Erie county 19 

may be sold at any time when brought from out of the State 39 

BLACK BIRDS, 

jjests not protected 14 

season for 32 

had in possession or exposing for sale 32 

not protected 32 

season for, on Long Island and Staten Island 33 

when not to be taken ^8 

BLACK LAKE, 

catching bass and muscalonge in 19 

spearing in -21 

BLACK SQUIEKEL, 

season for 13 

BLUE BIRD, 

season for 31 

had in possession or exposing for sale 32 

when not to be taken 38 

BLUE JAY, 

season for 32 

had in possession or exposing for sale 32 

BOBOLINK, 

not to be killed 32 

had in possession or exposing for sale 32 

BRANT, 

killing 11 

exposing for sale 11 

having in possessicn 11 

in the waters of Long Island 11 

on Long Island sound, Gardner's and Peconic bays. Lake Ontario 

and the Hudson river 12 

shooting out of floating battery, machine or device 12 

ih Great South bay 12 

in Peconic bay 12 

in Shinnecock bay 12 

in Lake Ontario 12 

in St. Lawrence and Hudson rivers 12 

killing with swivel or punt gun 12 

using other device than gun 12 

defined as " game birds " 33 

season for, in Chautauqua county 35 

BRANT LAKE, 

eatching. black bass in 19 



INDEX. 99 

BEEEDING FISH, page. 
certain waters to be used as reservoirs for 50 

BEOOK TEOUT, 

(See Trout.) 
BEOWN TEOUT, 

(See Trout.) 
BULL-HEADS, 

in Lake George and other waters 19, 20 

in canals 20 

killing with spear in certain lakes 21 

CALIFOENIA TEOUT, 

season for 31 

(See Trout.) 

CANADA PAETEIDGE (Spruce Grouse), 

netting or snaring, prohibited 14 

CANAL BOATS, 

act not to apply to waste matter, from 49 

CANANDAIGUA LAKE 31 

CAPE VINCENT, 

Taking fish from Lake Ontario regulated 45 

CAT-BIED, 

season for 32 

had in possession or exposing for sale 32 

when not to be taken 38 

CATFISH, 

spearing in certain lakes 21 

in canals 26 

CATTAEAUGUS CEEEK, 

certain game protected in 36 

penalties, how recovered 36 

using nets or seines in, regulated 46 

obstructing channel of, prohibited 46 

angling in, regulated 46 

CAYUGA LAKE, 

Eels, suckers and bull-heads, fishing for 46 

CEETIFICATES, 

to collect birds, etc., for scientific purposes 33 

how granted 33 

conditions thereof, terms and penalties 33 

certain birds excepted 33 

on Long Island 33 

CHAMBEELAIN, 

to receive part of penalty 38 

to give security for costs 38 



100 INDEX. 

CHAUTAUQUA LAKE, pagb. 

fishing except by hoolc and line forbidden 42 

commissioners of fisheries, excepted 42 

CHAUTAUQUA COUNTY, 

season for certain game in 35 

penalties, how donated 35 

certain game protected in, penalties, how recovered 36 

CHUBS, 

catching with nets in Lake Keuka 16 

may be caught with nets in Lake Ontario 45 

(See Black Bass.) 
CIECULAES, ETC., 

prepared by forest commission 87 

CLAMS, 

in Great South bay , 57, 58, 59 

oyster commissioners to control the taking of, in Great South bay, 58 

act to regulate the taking of, on the south side of Staten Island ... 65 

penalty for violation 65 

oysters planted on natural growth bed, to be removed 68, 69 

act to protect the planting of, in and about Richmond county. . 69, 71 

in South bay 71, 72 

(See Shell-Fish.) 
CLINTON COUNTY, 

location of forest preserve 83 

CLYDE RIYER, 

catching bass and muscalonge in 19 

COHOCTON RIVER, 

season for shooting and spearing fish 43 

COLD SPRING HARBOR, 

provision for fish hatcheries at 50 

to be in charge of commissioners of fisheries 50 

lease of land, etc 51 

COMMISSIONERS OF FISHERIES, 

duties of, in general 3 

established 3 

commissioners named 4 

terms of ofiice 4 

appropriation for expenses 4 

vacancies to be filled by governor 4 

term extended 4 

to report yearly the condition of fisheries to Legislature 4 

continued with powers conferred upon them 4 

to receive no salary • 4 

to expend only sums appropriated 4 

additional member to be appointed from Kings, Queens or Suffolk 

counties 4 

authorized to take fish for propagation 4 



INDEX. 101 

COMMISSIONERS OF FISHERIES — (Co/iiirmecf), page. 

when duty to confiscate pound, weir or nets 5 

power to appoint game and fish protectors 5 

protector's bond subject to approval of 5 

chief protector's instruction to subordinate subject to approval of, 6 

to erect sign-boards at State flsh-ways 25 

to erect sign-boards at State hatcheries '2.5 

laws relating to 30 

authorized to take fish by any means from Chautauqua lake 42 

to erect tish hatcheries in Adirondacks 49 

to account for expenses to comptroller 49 

to construct hatcheries 49 

to sue in Franklin county for certain offenses . . .^. 50 

COMMISSIONERS OF FISHERIES, 

to have charge of fish hatcheries at Cold Spring Harbor 50 

to be in care of Adirondack fish hatcheries 50 

to have charge of Mill Creek fish hatcher}- 51 

certain appointed, to be shell-fish commissioner 51 

granting of franchises for shell-fish culture 52 

notice of application, how posted 52 

when to make grants 52 

granting of perpetual franchises • 52 

clerk of commissioners, how paid 58 

to make rules and regulations in regard to shell-fish cultivation ... 52 

to grant franchises 52 

official bond of, required by State 53 

right to make water grants not restricted 53 

right to remove shell-fish 53 

required to erect sign-boards 79 

inscription on sign-boards 79 

COMMISSIONERS OF SHELL FISHERIES, 

supervisors to appoint in SuiTolk county 55 

requisites of 55 

term of office 55, 56 

bond of 56 

when to cause survey and map to be made : 56 

to settle disputes 56 

power to summon witnesses 56 

COMPTROLLER, 

not to pay expenses of protectors without certificate of chief 

protector 8 

commissioners of fisheries to account to, for expenses 49 

power to correct assessment 90 

to receive copy of assessment-roll 90 

approval of assessments, etc " 90 

CONSTABLE, 

duties of 29, 30 

penalties for failure to act 29, 30 



102 INDEX, 

CONSTABLE — ( Co7i tinned), page. 

powers of 29, 31 

compensation of 29, 31 

CONVEYANCE, 

made with regard to partition of land 86 

COOTS, 

defined as game birds 33 

season for in Chautauqua county 35 

COUNSEL, 

may be employed by protectors at certain times 5, 6 

to be compensated out of certain fines 7 

to be employed by forest commissions 85 

COUNTY TREASUKER, 

to pay protector bringing suit one-half fines, etc 7 

to receive fines collected in certain actions 7 

to pay one-half proceeds to State treasury 7 

to pay expenses of suit 7 

to pay game protectors one-half of fine and penalties 2G 

to receive part of penalty 32 

to receive all moneys paid to commissioners of shell fisheries 56 

to receive no fees 91 

to credit taxes 91 

COURTS, 

having jurisdiction 27, 28 

to issue warrants 30 

how issued 30 

when issued 30 

against non-residents -30 

to issue search warrants 30 

when to issue warrant in action under game law 38 

to issue search warrants in action under game laws 38 

to issue warrants for the arrest of non-residents in actions under 

game law 39 

COSTS 32 

COTTON'S DAM, 

taking fish from 20 

CROSS LAKE, 

catching fish in 20 

CROWS, 

nests not protected 14 

not protected 33 

CURLEW, 

defined as game birds 33 

DACE, 

may be caught with net in Lake Ontario 45 



INDEX. lOiJ 

DAMS, PAGE. 

to be altered on or before certain time 81 

how altered, construction of, for ingress of salmon 82 

penalty for neglect of owners 82 

DEEDS, 

of land in Gardner's and Peconic bays to be recorded 56 

DEEE, 

when may be sold '28 

appropriation for purposes of propagation, etc 91 

land set apart for 91 

commissioners authorized to stock land with ■ 91 

killing, wounding or trapping in cemetery, etc 93 

(See Wild Beer.) 
DELAWARE COUNTY, 

hunting wild deer in 10 

location of forest preserve 83 

DETECTIVES, 

employment of 27 

DIPPER, 

season for in Chautauqua county 35 

DISTRICT ATTORNEY, 

certain actions to be commenced by, on order of protectors 6 

at certain times protectors may retain other counsel 7 

may order money advanced for costs, etc., in certain actions 7 

to prosecute actions for penalties 16, 31 

costs 26 

may discontinue actions without costs 31 

to commence action 42 

to prosecute . . .- 45 

authorized to prosecute * 46, 48 

duty to prosecute offenders .' 86 

DOGS, 

in private parks 25 

DRINKS, 

tainted, selling or exposing for sale. . .' 92 

DROUGHT, ETC., 

duties of railroad companies, in case of 89 

DUCKS, 

shooting out of floating batteiy, machine or device 12 

on Long Island sound, Gardner's and Peconic bays, Lake Ontario 

and the Hudson river 12 

river 33 

sea 33 

defined as game birds 33 

season for, in Chautauqua county 35 



104 INDEX. 

DUTIES, PAOB. 

of superintendent of public works as to constructing fish-waj's, etc., 80 

of supervisor of every town — 86 

of engineers, conductors, etc., to report fires, etc 89 

of persons in charge of stations 89 

of engineers and firemen in regard to preventing fires, etc 89 

EAGLES, 

Icill, expose for sale or have in possession 14 

EAST BAY, 

fishing in 2<», 21 

EAST EIVEE, 

taking of fish in, regulated 48 

EELS, 

in canals 20 

killing with spear in certain lakes 21 

season for 21 

fishing for, in Cayuga and Keuka lakes 46 

EEL WEIRS, 

in Oneida river 44 

EGGS, 

taking, forbidden 33 

scientific purposes 33 

removing from public grounds 93 

ERIE COUNTY, 

bass, muscalonge and pike exposed for sale 19 

ESSEX COUNTY, 

powers of game constables 44 

location of forest preserve 83 

• 

ESOPUS CREEK, 

taking of minnows allowed 41 

having nets, etc., in possession at certain places on 41 

FEES, 

to treasurer 91 

FIKES, 

having in possession on certain shores in Saugerties 41 

FINES, 

in certain actions to be paid to county treasurer 7 

to whom paid 27, 30 

how enforced 27 

in New York city 27 

one-half to be paid to game protector 27, 30 

taking oysters from Hudson river 62 

how disposed of 62 



INDEX. 105 

PINES — ( Continued), page. 

for violation of fishing regulation 79 

how disposed of 79 

with regard to destroying notices, etc 89 

FIRES, 

to be repoTted by supervisor, etc 88 

EIRE WARDENS, 

supervisors ex officio 87 

appointed by supervisors in towns exposed 87 

names recorded in office of town clerk 87 

in counties named 87 

duties of 87 

term of office 87 

authority 87 

power to destroy fences, etc 88 

EISH, 

commissioners authorized to take fish for propagation 4 

other parties authorized to take flsh for propagation 4 

laws for the protection of, to be enforced by protectors 6 

protectors may arrest for violation of laws for protection of 7, 8 

taking from private hatcheries 17 

in Adirondack region 18 

catching in Lake George 20 

catching in certain lakes 20 

in canals ' 20 

in possession, taken from certain waters 21 

may be sold in New York city when brought from out of the State, 39 

■catching with seine in Hudson river, prohibited 40 

season for shooting and spearing, Cohocton river 43 

taking from Henderson bay and portion of Lake Ontario, restricted, 44 

taking of, in Hudson and East rivers regulated 48 

provision for restocking public streams with 49 

certain waters in Adirondacks to be used for experiments 50 

restocking in Adirondack flsh hatcheries with 51 

preservation of, in passing dams 82 

^FISHERIES, 

commissioners to take steps towards improving same 3 

condition of, to be reported to Legislature by commissioners of 

fisheries 4 

EISH-FRY, 

taking, transportation or possession of 17 

in Adirondack i-egion 18 

PISH HATCHERIES, 

to be erected in Adirondacks 49 

provisions for the purpose of restocking public streams 49 

lands in Franklin county appropriated for 50 

cutting off standing timber for the purpose of 50 

14 



106 INDEX. 

FISH HATCHERIES — (Con<i?i!terf), page. 

in x4Ldirondacks, to be in care of commissioners of fisheries 49, 50 

provision for, at Cold Spring Harbor 50 

to be in charge of commissioners of fisheries 50 

establishment of, at Mill creek 51 

appropriation for, and how paid 51 

FISHING, 

in certain waters in the Adirondacks regulated 50 

prohibited within eighty rods of fish- ways 79 

on Sabbath 92 

FISH-POLES, 

driving in soil under water in New York harbor regulated 47 

FISH-WAYS, 

sign-boards at * 25 

fishing within eighty rods of State fish-way prohibited 25, 79 

destroying or defacing sign-boards prohibited 25 

across Oswego, Oneida and Seneca rivers 76, 77 

to be built by superintendent of public works 76 

appropriation 77 

across Oswego and Seneca rivers 77, 78 

by whom constructed 77 

plans, how approved 78 

across " Little Salmon river " . . , 78 

by whom constructed 78 

appropriation 78 

across Schoharie and Mohawk livers 78, 79 

by whom constructed 78, 79, 81 

appropriation, 79, 80 

duties of superintendent as to construction 80 

location, etc., of construction 80 

when closed 80 

how placed 81 

FLATLANDS, 

planting of oysters in, protected 75, 76 

(See Gravesend.) 
FOOD (TAINTED), 

selling or exposing for sale 92 

FOREST AGENTS, 

duties as to posting and replacing rules 89 

FORESTERS, ETC., 

duties in case of fire in woods 87 

power in case of fire with reference to assistance 88 

FOREST COMMISSIONERS, 

removed by governor 82 

appointed by governor : 82 

future appointments 83 

vacancies filled by governor 83 



INDEX. 107 

FOREST COMMISSIONEES — (Confi?rMed), page. 

to serve without compensation 83 

office for 83 

power of 83 

terms of office 83 

in case of arrest 84 

may bring action for injuries, etc 84 

may maintain action for trespass 84 

income 86 

charge of public interests of State in regard to trees 84 

rules and regulations as to preventing use of road, stream, etc 84 

power as to land to be included in forest preserve, same as com- 
missioners of land office, etc 84 

power to arrest offenders 84 

in regard to rules andkregulations 84 

extent of power 84 

power and duties of 84 

power to employ attorney, etc 85 

partition of lands 85 

accounts of 86 

FOREST COMMISSION, 

to consist of three members 82 

power to make agreement with regard to partition of land 86 

to make written report 86 

to require supervisor to appoint guards 86 

to take measures to awaken interest in public schools, etc 86 

to prepare tracts, circulars, etc 87 

circiilation of, tract, etc 87 

duties in case of fire in woods 87 

power in case of fire, in reference to assistance 88 

to receive report of fires from supervisor 88 

with regard to printing, etc., rules for prevention of fires 89 

authorized to receive private subscriptions, etc 91 

authorized to stock land 91 

to set apart land for deer and wild game 92 

to establish rules for protection, etc 91 

approval of tax' in regard to erection of school-houses, etc 91 

FOREST GUARDS, 

duties and pay 86 

to be appointed by supervisoi's 86 

FOREST INSPECTOR, 

duties in case of fire in woods 87 

power in case of fire, with reference to assistance 88 

FOREST PRESERVE, 

counties in, trout season 16, 17 

having trout for, in possession 18 

location of 83 

exceptions .- 83 



108 INDEX. 

FOEEST PRESERVE -((7o/J<i?i?.tecZ), page. 

certain lands acquired by State excepted 83 

lands constituting it to be kept wild 83 

land not to be sold nor leased, etc 83, 84 

care of 84 

assessment of State lands 90 

EORESTRY, 

instruction in, with regard to public schools, etc- 86 

appropriation for 92 

FOREST WARDENS, ETC., 

expenses and salaries of 83 

duties in case of fire in woods 87 

power in case of fire, with reference to assistance 88 

FRANCHISE, 

of land for shell-fish culture to be granted to occupant 52 

application to be made for 52 

rules and regulations in regard to 52 

notice for application, how posted 52 

what persons entitled to receive 52 

limitation of acres 52 

granting of, peq^etual 52 

consideration for 52 

terms and objects of 53 

payment to State treasury for 53 

transfer of 53 

ground to be plainly marked 53 

riglits of commissioners to make, not restricted 53 

colonial patents not affected thereby 53 

other exemption 54 

how payable 54 

deemed personal property 53 

FRANKLIN COUNTY, 

commissioners of fisheries to sue in, for certain offenses 50 

certain lands in, appi'opriated to fish hatcheries 50 

location of forest preserve 83 

FRIEND'S LAKE, 

catching bass in 19 



FULTON COUNTY, 

location of forest pi'eserve 83 

FURNACE GRATES, 

act not to apply to hauling fire from 48 

GALLI-MULES, 

defined as game birds 33 

GALLING, 

defined as game birds 33 



INDEX. 109 

GAME, PAGE. 

laws for the protection of, to be enforced by protectors 6 

commissioners authorized to stock land with 91 

killing of, within limits, prohibited 91 

protected by rules established by forest commission 91 

GAME BIRDS, 

defined 33 

GAME CONSTABLES, 

duties of 29, 30, 31 

powers of 29, 30, 31 

penalties for failure to act 29, 30 

board of supervisors to pi'ovide for election of 29^ 

in Kings county 2& 

term of office of 29 

how chosen 29 

compensation of 29, 31 

costs of suit a county charge 46 

To receive one-half penalties recovered 46, 48 

authorized to sue 41 

powers of, in Washington and Esses counties 44 

GAME FISH, 

catching with nets in Lake Keuka 16 

when caught in Lake Ontario by net 45 

GAME LAWS, 

how to be construed ." 39 

GAMING, 

on Sabbath 92 

GARDNER'S BAY, 

certain oyster beds in, protected 54 

interest of State to, conditionally released to county 55 

restriction to concession of 55 

GREENE COUNTY, 

location of forest preserve 83 

GEESE, 

killing 11 

exposing for sale 11 

having in possession 11 

in the waters of Long Island 11 

killing with swivel or punt gun 12 

using other device than gun 12 

in Great South bay 12 

in Peconic bay l".^ 

in Shinnecock bay 12 

in Lake Ontario 12 

in St. Lawrence and Hudson river 12 

defined as game birds 3a 



110 INDEX. 

ORENADIER ISLAND, page. 

angling in Lake Ontario near, regulated 45 

GRANTS, 

for shell-fish culture 52 

notice of application for, how posted 52 

what persons entitled to receive 52 

limitation of acres of 52 

of perpetual franchise 52 

consideration therefor 52 

tenure and objects of 53 

deemed personal property 53 

transfer thereof 53 

lands to be plainly marked 53 

rights of commissioners of fish, to make, not restricted 53 

colonial patents not affected thereby 53 

of surplus waters, rights reserved 80 

'GRAVESEND, 

inhabitant may plant oysters 75 

to own property 75 

extent of bed 75 

permits 75 

copy of to be recorded 76 

forfeiture 75 

GRAY SQUIRREL, 

season for : 13 

(See Squin-el.) 
GREAT SOUTH BAY, 

geese in 12 

inhabitants of Islip may locate oyster bed in 57 

nets in 23 

oysters in 57, 67 

GREAT SODUS BAY, 

fishing in 20, 21 

GREEBE, 

season for, in Chautauqua county 35 

'GRASS BIRD, 

season for 32 

had in possession or exposing for sale 32 

GROSS BEAK, 

season for 32 

had in possession or exposing for sale 32 

when not to be taken 38 

•GROUSE, 

defined as wild bird 33 

HAMILTON COUNTY, 

location of forest preserve 83 



INDEX. Ill 

HAEE, PAGE. 

season for 13 

killing, exposing for sale or 'having in possession 13 

killing or hunting with ferrets 13 

(See Babbits.) 

HAELEM EIVEE, 

taking of fish in, regulated 48 

HATCHEEIES (Private), 

taking fish, spawn or milt from 17 

HATCHEEIES (Public), 

certain restrictions not to apply to 17 

certain act not to apply to 40 

BAWKS, 

i; ot protected 14 

BENDEESON BAY, 

fishing in 20, 21 

fishing in, restricted 44 

HEN-HAWK, 

not protected 33 

HEMPSTEAD, 

certain oyster beds in, protected 54 

use or occupation of land without license 61 

license for planting oysters in 61 

inhabitant may plant oysters and have exclusive ownership 63 

inhabitant must not use more than two acres 63 

to protect the planting of oysters in 72, 73, 74 

planting of oysters regulated 74, 75 

(See Jamaica.) 
HEEKIMEE COUNTY, 

location of forest preserve 83 

HOESE EACING, 

on Sabbath 92 

HOUNDING, 

of wild deer in Delaware and St. Lawrence counties 10 

in Queens county 10 

in Suffolk county and other counties 10 

:HUDS0N EIVEE, 

shad not to be taken from except at certain period 4 

fishing in 21 

fishing with seine prohibited 40 

when nets not to be used 41 

season for shad in part of 41 

p.ise of nets in, regulated 47 



112 INDEX. 

HUDSON BIYER— {Continued), page. 

season for taking oysters from 62 

further I'estrictions 62. 

setting or attaching net or weir 92 

HUMMING BIRDS, 

season for 32 

had in possession or exposing for sale 32 

when not to be taken 3& 

HUNTING, 

on Sabbath 92 

HUNTINGTON, 

acts for the protection of planting oysters in 07, »;«, &9- 

repealed 6^ 

(See Mixj.) 
INCOME, 

received by forest commission : 86- 

INJURIES, 

what they include sr> 

ISLIP, 

any inhabitant of, may locate lot for oyster bfds in Great South 

bay 57 

auditor of to appoint oyster commissioner 5ft 

not to pay fees or charges allowed oyster commissioners 60 

non-resident 60 

inhabitants of town may plant oysters in Great South bay 69' 

taking away oysters by party other than inhabitant 67, 6ft 

when right to plant forfeited 98 

inhabitant may use land to plant 6ft 

oysters planted on natural growth bed of clams 68, 69 

JAMAICA, 

inhabitant may plant oysters and have exclusive ownership 63 

inhabitant not to use more than two acres 63 

to protect the planting of oysters in 72 

inhabitant may plant oysters 72 

to have exclusive property in beds 72 

non-residents to use waters in 72 

quantity of land under water allowed any inhabitant 72 

how marked and defined 72 

number of bushels to be planted to the acre 73 

limitation of time 73 

auditor to grant certificate 73 

how filed 73 

annual rent 73 

how applied 73 

arrests authorized 73 

execution to issue on recovery 7-1 

abandonment 74 



INDEX. 113 

JAMAICA — ( Continued), page, 

right to recover oysters 74 

dredging, etc 74 

to regulate the. planting of oysters 74 

who may plant 74 

when entitled to bed 75 

JAMAICA BAY, 

certain oyster beds protected '54 

owner or lessees of land in, may plant oysters 63 

locality for, to be designated 63 

(See Jamaica.) 
JEFFEE80N COUNTY, 

angling in Lake Ontario regulated 45 

fishing in waters of, restricted 45 

JUDGMENTS, 

how collected 42 

KEUKA LAKE, 31 

catching minnows in, for bait 16 

eels, suckers and bull-heads, fishing for 46 

KILDEE, 

season for 32 

had in possession or exposing for sale 32 

KILLING, ETC.,' 

of game within limits prohibited 91 

KINGS COUNTY, 

song and small birds 32 

planting of oysters in, regulated 75, 76 

LAKE CHAMPLAIN, 

fishing in 20, 21 

fishing in, regulated 43 

LAKE CONESUS, 

catching bass and muscalonge in 19 

LAKE ERIE, 

catching black bass in 19 

LAKE GEORGE, 

season for trout and land-locked salmon 18 

catching black bass in 19 

killing bull-heads 19 

catching pickerel in 20 

catching fish in 20 

LAKE HURON, 

salmon, trout and land-locked salmon in 20 

LAKE MAHOPAC, 

catching black bass in 19 

15 



114 INDEX. 

LAKE MICHIGAN, paoie. 

salmon, trout and land-locked salmon in -20 

LAKE ONTARIO, 

catching trout through the ice 16 

catching trout in, for stocking 17 

trout in spawning season 17 

catching bass and rauscalonge in 19 

catching fish in 20 

fishing in 21 

fishing in portions of, restricted 44 

taking fish from, by other means than angling, forbidden 45 

LAKE SUPERIOR, 

salmon, trout and land-locked salmon in 20 

LAKE ST. CLAIR, 

salmon, trout and land-locked salmon in 20 

LAKE TROUT, 

(See Salmon- Trout.) 
LAND, 

protected by rules established by forest commission 91 

LAND-LOCKED SALMON, 

how should be caught 15, 16 

in Lake Ontario, Niagara river, in private waters 15, 16 

setting net near mouth of Oswego river 16 

in Adirondack region 18 

from forest preserve in possession 18 

season for 18 

in Lake George 18 

in certain lakes 20 

LAND UNDER WATER, 

certain restrictions not to apply to 48 

hauling fire from grates 48 

setting shad-poles 48 

waste matter on canal boats 49 

LEWIS COUNTY, 

location of forest preserve 83 

LICENSES, 

to shoot game in Richmond county 34 

fee for same 34 

granted by justice ; money paid to county treasurer 34 

LITTLE CLEAR POND, 

fishing in, regulated 50 

LITTLE NECK BAY, 

natural oyster beds in 69 

removal of oysters in 69 



INDEX. 115 

LITTLE SALMON RIVER, page. 

fish- way across 78 

by whom constructed 78 

appropriation 78 

LINNET, 

season for 31 

had in possession 32 

exposing for sale 32 

when not to be killed 38 

LIMIOOL^, 

defined as game birds - 33 

LOCOMOTIVES, 

to be provided with arrangements to prevent escape of fire 88, 89 

LONG ISLAND, 

season for robins and black birds 33 

MENHADEN, 

angling for, in Raritan bay, regulated 47 

MAP, 

of lands under water 51 

costs of certain maps ' 87 

of fire district 87 

with names of fire wardens 87 

MARTIN, 

kill, expose for sale or had in possession 14 

season for 32 

had in possession or exposing for sale 32 

MEADOW HEN, 

season for, in certain counties ' 35 

MEADOW LARK, 

kill, expose for sale or had in possession 14 

season for 32 

had in possession or exposing for sale 32 

not to be killed 32 

when not to be killed or had in possession 38 

MEDICINE, 

selling or exposing for sale tainted 92 

MILL CREEK, 

establishment of fish hatchery at 51 

appropriation fox*, and how paid 51 

MILT, 

taking from private hatcheries 17 

in Adirondack region 18 



116 INDEX. 

MINNOWS, PAGE. 

catching of, for bait in lake Keuka 16 

catching in certain lakes 20 

in canals 20 

taking of, in Esopus creek not affected by act 41 

not protected when caught for bait in Lake Ontario 45 

MOHAWK RIVEE, 

fish-Avay across 78, 79 

by whom constructed 78, 89 

appropriation 79 

MOOSE, 

protectors may arrest for violation of laws for protection of 7, 8 

hounding of 11 

killing 11 

selling or exposing for sale 11 

having in possession 11 

MUD HENS, 

defined as game birds 33 

MUD LAKE, 

spearing in 21 

MUSCALONGE, 

sale of 19 

catching in certain waters 19 

season for. . , 19 

in Lake Erie and Niagara river 19 

exposing for sale in Erie county 19 

in St. Lawrence, Clyde, Seneca and Oswego rivers 19 

in Ontario, Conesus and Black lakes 19 

possession of, when prohibited 43 

MUSSELS, 

in South bay 71, 72 

NESTS, 

destroy or rob 14 

not to be destroyed 33 

scientific purpose 33 

NETS, 

nets, etc., may be destroyed when used in violation of law 9 

in the waters of Lake Ontario 16 

in Oswego river .* 16 

in Keuka lake 16 

contraband 21 

possession of, on shore 21 

Lake Ontario excepted 22 

Walkill river 22 

may be destroyed when 21 

size of meshes of nets and fykes 22 



INDEX. 117 

NETS — ( Continued), page. 

in Eichmond county 22 

Lon^ Island 22 

menhaden nets 22 

Lake Ontario 22 

Lake Erie 22 

Hudson river 22, 23 

Coney Island creek 22 

for bait 22 

for eel fishing 23 

in Great South bay 23 

for flounder fishing 23 

netting song birds and certain others, season for 31, 32 

netting song and wild birds 32 

song and other birds, when not to be caught with 38 

salmon caught in, to be returned to water 40 

when not be used in Hudson river 41 

having in possession on certain shores in Saugerties 41 

unlawful to have in possession on Chautauqua lake 42 

forbidden in Lake Champlain 43 

using in Cattaraugus creek regulated 46 

use of, in Hudson river regulated 47 

using in Raritan bay regulated 47 

use of, in New York harbor regulated 47, 48 

using in Hudson and East rivers regulated 48 

setting or attaching 92 

(See Pound and Weir.) 
NEW YORK CITY, 

warrants of arrest in 30 

search warrants in 30 

NEW YORK COUNTY, 

song and small birds 32 

NEW YORK HARBOR, 

flsh-poles in, regulated 47 

obstruction in, regulated 47, 48 

NIAGARA COUNTY, 

season for certain game suspended 36 

NIAGARA RIVER, 

catching trout through the ice 16 

catching black bass in 19 

catching fish in 20 

NIGHT HAWK, 

kill, expose for sale or had in possession 14 

NURSERIES, 

certain waters to be used as 50 

OBSTRUCTIONS, 

in New York harbor, regulated T 47, 48 



118 INDEX. 

ONEIDA LAKE, page. 

catching fish*"!!! 20 

ONEIDA KIVEE, 

eel weir 44 

fish-way across 76, 77 

to be built by superintendent of public works 76 

appropriation 77 

ONONDAGA LAKE, 

catching fish in 20 

OEIOLE, 

kill, expose for sale or had in possession 14 

season for 32 

had in possession or exposing for sale 32 

OSWEGO BASS, 

season for 19 

in Lake Erie and Niagara river 19 

exposing for sale in Erie county 19 

OSWEGO RIVEE, 

catching bass and muscalonge in 19 

fish-way across 76, 77, 78 

to be built by superintendent of public works 76 

appropriation 77 

by whom constructed 77 

plans, how approved 78 

OTSEGO LAKE, 

exempted from certain act 37 

OWLS, 

nests not protected 14 

not protected 33 

OYSTERS, 

in Hempstead, county of Queens 61 

how to be sold . 61 

measure, dimensions, etc 61 

misdemeanor to sell 62 

shipping to Eui'ope excepted 62 

season for, in Hudson river 62 

further restrictions 62 

condition on which inhabitants of Queens county may plant oysters 

and become owners of beds in certain public waters 65 

who may use lands for planting oysters, and on what conditions, 65, 66 

lot to be marked and defined 66 

proceedings in case of prosecution 66 

when abandonment or removal from county shall cause forfeiture 

of rights 66 

natural beds in Little Neck bay 67 

removal of oysters, etc 67 



INDEX. 119 

OYSTEBB—iContiymed), page. 

act to regulate the taking of, on the south side of Staten Island ... 65 

penalty for violation , 65 

act for planting of, in Queens county 65, 67, 68 

in South bay , 71, 72 

act for the protection of Islip and Huntington 69 

who may plant in Great South bay 67 

taking away by party other than planter 68, 69 

when right to plant forfeited 68 

inhabitant may use land for planting s 68 

oysters planted on natural growth of clams 68, 69 

privilege to plant, etc., in Huntington, repealed 69 

inhabitants of Hempstead and Jamaica may plant 72 

to have exclusive property in beds 72 

non-residents to use water 72 

quantity of land allowed inhabitant, how marked and defined . . 72, 73 

number of bushels to be planted to the acre 72 

limitation of time for planting 73 

certificate, how filed 73 

annual rent to town 73 

how applied 73 

abandonment ._ 74 

dredging, etc 74 

planting of, regulated in Jamaica and Hempstead 74 

who may plant 74 

when inhabitant entitled to bed 75 

planting by non-resident , 92 

gathering by non-resident 92 

taken or disturbed 92 

catching by dredge or dray 82 

(See Shell-Msh.) 
OYSTEE BEDS, 

survey and map of, to be made ; 51, 52 

application for, by occupants .• . . . 52 

protector of, located in State , 54 

deposit of certain acids, etc. , injurious to oyster culture, prohibited, 54 

proviso 54 

deposit of ashes, garbage, etc., in certain waters, prohibited 54 

penalties of violation of certain acts in regard to ; 54 

when to be granted in Gardner's and Peconic bays 56 

application for, not to cover more than three acres 56 

cost per acre 56 

deeds to be recorded 56 

in Great South bay 57 

any inhabitant of Islip or Babylon may locate lot 57 

owners of oysters in beds in Great South bay 57 

oyster commission to locate 58 

decision as to location, etc 59 

expenses of locating and j early rent 59 

certificate of location 59 



120 INDEX. 

OYSTER BEBS — (Continued), paoe. 

when rights to possession may be determined 59 

certificate of fact 59 

interest in lot assignable 60 

OYSTER COMMISSION, 

authorized to appoint State oyster protector 54, 55 

how appointed 57, 58 

to grant lots in Great South bay 58 

term of office 58 

official oath 58 

bond 58 

refusal to serve 58 

vacancy, how filled 58 

to locate lot 58 

to cause survey and maps to be made 59 

decision as to location, etc. , final 59 

expenses of location and yearly rent 59 

certificate of location 59 

when to determine right to possession 59 

certificate of the fact 59 

compensation of 59, 60 

to account 60 

term of present commission 60 

PANTHER, 

State bounty for 25 

proof of killing 25 

bounty, how paid 26 

PARADOX LAKE, 

catching black bass in 19 

PARTRIDGE, 

season for 13, 28 

netting and snaring forbidden 14 

when may be sold or had in possession 28 

season for, in certain counties 34 

penalties 35 

violations 35 

protected in Chautauqua and Cattaraugus counties 36 

season for, suspended in Niagara county 36 

PECONIC BAY, 

certain oyster beds in, protected 54 

interest of State to, conditionally released to county 55 

restrictions to concession of 55 

PENALTIES, 

how recovered 26, 27 

where suit to be brought ; costs of suit 26, 27, 30 

district attorney to prosecute judgments ; how enforced 26, 27, 31 

if collected, how distributed 26, 27 



INDEX. 121 

VE'N AIjTIBS — {Continued), page. 

distribution 32, 38 

for violation song and wild bird laws 34 

how applied 34 

in Chautauqvia, how divided 32 

how recovered for violation of game laws in Chautauqua and Cat- 
taraugus counties • 36 

how disposed of ' 42 

how recovered , 42 

for killing or injui'ing fish while passing over dams 82 

for neglect of owners to alter dams at proper time 82 

for railroad companies violating provisions, etc 89 

PEWEE, 

season for 32 

had in possession or exposing for sale 32 

PHEASANTS, 

defined as game birds 33 

PHCEBE BIED, 

season for 32 

had in possession or exposing for sale 32 

when not to be taken 38 

PICKEEEL, 

in Lake George 20 

spearing in certain lakes 21 

possession of, when prohibited 43 

PIEES, 

(See Wharves.) 
PIKE, 

possession of, when prohibited 43 

PIKE PEECH, 

■season for 19 

in Lake Erie and Niagara river 19 

■exposing for sale in Erie county 19 

may be sold at any time when brought from out of the State 39 

PILOT COMMISSIONEES, 

to remove fish-poles in New York harbor 47 

PINNATED GEOUSE, 

(See Prairie Chicken.) 
PLAYING, 

on Sabbath 92 

PLOVEE, 

defined as game birds 33 

season for, in certain counties 35 

protected in Chautauqua and Cattaraugus counties 36 

16 



122 INDEX. 

POLICE JUSTICE, PAGE. 

justice of the peace, magistrate 8 

to hear and try certain actions without delay 8 

POLLUTING STREAMS, 

prohibited 22, 33 

PORT BAY, 

fishing in 20, 21 

POTS, 

having in possession on certain shores in Saugerties 41 

POUND, 

when duty of commissioners to confiscate 5 

(See Nets and Weirs.) 

POWER OF FIRE WARDEN, 

to destroy fences, etc 88 

check flres, etc 88 

POWER OF SUPERVISOR, 

to destroy fences, etc 88 

check flres 88 

PRAIRIE CHICKEN, 

season for 13 

netting or snaring forbidden 14 

when may be sold or had in possession 28 

defined as game bird 33 

PRIVATE PARKS, 

sign boards to be erected 24 

penalty for injuring sign board 24, 25 

game in 23, 24, 25 

trespassing prohibited 23, 24, 25 

hunting and fishing in, prohibited 23, 24, 25 

poisoning fish in 23, 24, 25 

poisoning game in 23, 24, 25 

dogs in 25, 26 

board of supervisors not to legislate for 28 

PRIVATE STREAMS, 

fishing in, prohibited 24 

notice of privacy of streams to be given 23, 24 

sign boards to be erected 24 

penalty for injuring sign boards 24, 25 

PRIVATE WATERS, 

defined 16 

PROPAGATION, 

artificial, of shad, white-fish and salmon-trout, to be established, 3 



INDEX. 123 

PEOTECTOES, page. 

appointment of 5 

powers, salary, etc 5 

jurisdiction of 5 

to hold office during pleasure of commission .• 5 

one to be designated as chief protector 5 

to keep a daily record 5 

other protectors to be under supervision of chief 5 

chief protector to give bond 5 

bond of other protectors 5 

chief to issue orders to subordinates 5, 6 

duties of, not to be interfered with by other business or employ- 
ment 6 

duties of, to enforce laws of State 6 

duties of, to enforce laws of county 6 

supervisor 6 

chief to be assigned desk room 6 

shall have power to employ clerical service 6 

salary of chief protector 6 

salaries of other protectors 6 

action to be begun by order of 6 

shall have power to prosecute • 6 

may at certain times employ counsel 6, 7 

chief to approve the employment of counsel 7 

one-half of fine to be paid to protector who brings suit 7 

power to arrest 7, 8 

chief may apply to attorney-general for construction of statutes ... 8 
chief to report to commissioners of fisheries incompetency, etc., of 

siibordinates 8 

to make monthly statements to chief 8 

to report annually to the commissioners of fisheries 8 

expenses not paid except upon certificate of chief 8 

duty to destroy nets, pounds, etc., when used in violation of law. . 9 

PUBLIC SPOETS, 

on Sabbath 9^ 

PUBLIC STEEAM8, 

provision for the purpose of restocking 49 

PUNISHMENT, 

for attempting to catch fish within prescribed limits 79 

for neglect to comply with order of forest commission 88 

for willful setting of fires 89 

QUAIL, 

season for '. 13, 28- 

kill, expose for sale, or had in possession 13 

killing in the counties of Montgomery, Schenectady, Saratoga or 

Albany 13 

netting or snaring prohibited 14 

season for selling or having in possession 28 



124 INDEX. 

QVAIIj — (Continued), pack. 

defined as wild birds 33 

season for, suspended in Niagara county 36 

shooting of, on Robins Island, season for 37 

QUEENS COUNTY, 

hunting wild deer in 10 

season for game 34 

certain oyster beds in, protected 53 

use or occupation of land without lease in 61 

license for planting oysters in 61 

planting of oysters in 65 

condition on which inhabitants may plant and own beds 65 

who may use land for planting 65, 66 

conditions 65, 66 

proceedings in, in case of prosecution 66 

when abandonments, etc., cause forfeiture of 66 

natural beds in Little Neck bay 67 

removal of oysters 67 

planting of oysters in, regulated 72, 73, 74, 75 

RABBIT, 

season for 13 

kill, expose for sale, or had in possession 13 

killing or hunting with ferrets 13 

when may be sold or had in possession 28 

killing, wounding, or trapping in cemetery, etc . ^ 93 

RAILS, 

defined as " game birds " 33 

RAIL BIRD, 

season for, in certain counties 35 

RAILROAD COMPANIES, 

to cut and burn grass, etc 88 

penalty for violating requirements, etc 89 

-duties in case of drought, etc 89 

prohibited from depositing fire, coals, etc., on tracks 89 

RALLID.^. 

defined as " game birds " 33 

RARITAN BAY, 

angling for menhaden regulated 47 

RECORDS, 

of description of fire district 87 

of names of fire wardens 87 

RENSSELAER COUNTY, 

song and small birds 32 

REPEAL, 

certain acts in regard to Chautauqua lake, repealed 43 



INDEX. 125 

EEWAEDS, ~ PAGE, 

how divided 26, 27 

EICHMOND COUNTY, 

song and small birds 32 

game protected 34 

non-residents not to shoot game without license. 34 

angling for menhaden in Karitan bay 47 

certain oyster beds in, protected 53 

act to protect planting of oysters and clamming in and about, 69, 70, 71 

action, etc., for violation of 69, 70 

EOBIN, 

kill, expose for sale or had in possession 14, 32, 38 

season for 32 

EOBIN ISLAND, 

season fo r quail 37 

EUFFED GEOUSE, 

(See Partridge.) 
EULES, 

to be posted and replaced by forest agents, etc '. 89 

for prevention of forest fires, etc 89 

printing and posting same 89 

for protection, etc., to be established by forest commissioners 91 

SABBATH-BEEAKING, 

punishment 92 

SALMON, 

in certain lakes 20 

caught in net to be returned to water 40 

catching of, by angling 40' 

season for 40^ 

dams altered for benefit of 81 

(See Trout.) 
SALMON EI vEE, 

fishing in - 21 

SALT-WATEE BASS, 

exception 19 

(See Bass.) 
SAND PIPEES, 

defined as " game birds " 33 

season for, in certain counties 35 

SAEATOGA COUNTY, 

location of forest preserve 83. 

SAUGEETIES, 

having nets, etc., in possession on shores of waters in 41 

SCIENTIFIC PUEPOSE, 

certain bird not protected when killed for 38, 



126 INDEX. 

SCHOOI^HOUSES, ETC., page. 

proviso as to tax 91 

SCHOOL TRUSTEES, 

duties as to posting and replacing rules 81 

SCHOHARIE RIVER, 

fish-way across 78, 79 

by whom constructed 78, 79 

appropriation 79 

SCIENTIFIC INVESTIGATION, 

nests and eggs for 33 

certificate to collect eggs, etc 33 

how granted 33 

conditions 33 

penalty for violation of 33 

terms of 33 

term thereof 33 

certain birds excepted from 33 

protection of certain birds 33 

on Long Islahd 33 

SEINES, 

using in Cattaraugus creek regulated 46 

(See Nets.) 

SENECA RIVER, 

catching bass and muscalonge in 19 

fish-way across 76, 77 

to be built by superintendent of public works 76 

appropriation 77 

fish-way across 76, 77 

by whom constructed 77 

plans, how approved 78 

SENECA LAKE, 

catching fish in 20 

SET LINE, 

having in possession on certain shores in Saugerties 41 

(See Nets.) 
SIGN-BOARDS, 

commissioners of fisheries, required to erect 21, 79 

SKANEATELES LAKE, 

catching black bass in 19 

SHAD, 

not to be taken from Hudson river except at certain period 4 

season for, in part of Hudson river 41 

SHAD POLES, 

act not to apply to 48 



INDEX. 127 

SHELLS, PAGE, 

in South baj' 71, 72 

SHELL-FISH, 

granting of franchises for culture of 52 

commissioner of fisheries to make rules and regulations in regard 

to cultivation of 52 

interest of State in certain waters conditionally released to Suffolk 

county for the cultivation of 55 

in Peconic and Gardner's bays 55, 56 

disturbing bottom or injuring shell-fish a misdemeanor 57 

owners or lessees of land in Jamaica bay may plant 63 

locality for, to be designated 63 

in Hempstead and Jamaica 63, 64 

inhabitants of Hempstead and Jamaica may plant 63 

bed not to exceed two acres 63 

not lawful for other than planter to remove 64 

arrest and bail for removal 64 

rights and privileges forfeited 64 

act to regulate in Eichmond county 69 

taking by dredge or drag ; . . -. 92 

ta,king by non-resident 92 

taking or disturbing 92 

SHELL-FISH COMMISSION, 

certain appointee of commissioner of fisheries to be 51 

shall complete survey and map 51 

to ascertain the occupants of certain lands 52 

power to grant lands 52 

to occupant of same 52 

proviso 52 

appointment of additional commissioner 52 

to be from Queens, Kings or Suffolk counties^ 52 

SHEEIFF, 

duties of 27, 28, 70 

penalties for failure to act 28 

powers of 27, 28 

in Richmond county, when to seize apparatus^ 69, 70 

to hold apparatus seized, as under attachment 70 

to notify the owner of such seizure 70 

with warrant and complaint 70, 71 

SHINEES, 

catching with nets in Lake Keuka 16 

may be caught with net in Lake Ontario 45 

SHOOTING, 

on Sabbath • 92 

SHOEE BIEDS, 

defined as " game birds " 33 

season for, in certain counties 35 



128 INDEX. 

SCHROON LAKE, page. 

catching black bass in 19 

SNIPE, 

defined as " game birds " 3*3 

protected in Chautauqua and Cattaraugus counties 3& 

SNOW BIRDS, 

season for 32. 

had in possession or exposing for sale 32. 

SONG BIRDS, 

collected for scientific purposes l* 

season for, kill, exposing for sale or had in possession of 14, 31, 32. 

nests and eggs of 33 

scientific piirposes 33 

when not to be killed 3a 

SOUTH BAY, 

preservation of shell-fish in 71 , 72. 

use of dredge or drag in, prohibited 71 

taking shell-fish from private beds regulated 71, 72. 

penalties . . '. 72 

possession of dredge, evidence 72 

time for taking oysters, spawn, etc 72. 

SPARROWS, 

not protected 33 

SPAWN, 

taking from private hatcheries 17 

in Adirondack region 18- 

SPRUCE GROUSE, 

(See Canada Partridge.) 
SQUIRREL. 

gray, season for 28 

black, season for 28 

killing, wounding or trapping in cemeteries, etc 93 

STAKES, 

used for making oyster beds 93 

removed or destroyed 93" 

STATE DAMS, 

fish-ways constructed in, by superintendent 81 

STATE LANDS, 

in forest preserve, assessed, etc 90' 

assessment approved by comptroller 90- 

assessment of, corrected by comptroller 90 

taxes paid by State treasurer •. 91 

STATE OYSTER PROTECTOR, 

how appointed 54, 55 

duties and salaries 55- 



INDEX. 129 

STATE OYSTER F^OTECTOn — (Continued), page. 

traveling expenses, etc., how paid 55 

assistant protectors ■. 55 

how paid 55 

STATEN ISLAND, 

to regulate the taking of oysters and clams on south side of 65 

STATE TREASURER, 

to pay tax upon State lands 91 

STATE TREASURY, 

one half proceeds paid to county treasurer to be paid into State 
treasury 7 

STATEN ISLAND, 

season for robins and larks 33 

STARLING, 

kill, expose for sale or had in possession 14, 32 

season for 32 

when not to be killed or had in possession 38 

STREAMS OF WATER, 

to be examined by commissioner for the propagation of trout 3 

STRIPED BASS (Fresh water), 

weight and length of 19 

STRIPED BASS (Salt water), 

weight and length of -. 19 

ST. LAWRENCE COUNTY, 

hunting wild deer in 10 

location of forest preserve 83 

ST. LAWRENCE RIVER, 

catching bass and muscalonge in 19 

STOCKING, 

with trout in Adirondack fish hatcheries 49 

STEUBEN COUNTY, 

catching minnows for bait in Keuka lake 16 

■ having trout in possession or offering for sale 43 

SUBSCRIPTION, 

forest commission authorized to receive 91 

SUCKERS, 

catching with nets on Lake Keuka 16 

in canals 20 

season for ." 21 

killing with spear in certain lakes 21 

may be caught with net in Lake Ontario 45 

fishing for, in Cayuga and Keuka lakes 46 

17 



130 INDEX. 

SUFFOLK COUNTY, page. 

hunting wild deer in 10 

season for game 34 

certain oyster beds protected 53 

interest of State in certain waters conditionally released to 55 

concession not to interfere with rights of commissioners of land 

office 53 

other restrictions , 55 

board of supervisors to appoint commissioner of shell fisheries in . . 55 

deeds to be recorded in 56 

use of dredge or drag in South bay prohibited 71 

taking shell-flsh from private beds 71, 72 

penalties 72 

possession of drag, evidence '72 

time for taking spawn, etc 72 

SULLIVAN COUNTY, 

location of forest preserve 83 

SUNDAY, 

shooting, trapping, hunting or caging birds, or beasts prohibited. . 26 

having in possession implements for same prohibited 26 

SUPEEINTENDENT, 

to construct fish-ways in State dams 81 

SUPERINTENDENT OF PUBLIC WORKS, 

duties as to construction of fish- ways 80 

SUPERVISORS, 

no authority over land and waters wholly private 28 

to authorize election of eame constables in town 29 

in Kings county 29 

to audit and allow costs of suit 30 

to raise tax 27 

may employ special detectives 27 

may pay awards 27 

may make laws for the protection of game 27, 28 

may prohibit hunting and fishing in county 27, 28 

publication of laws and ordinances 28 

to make provision for fish hatching in Otsego lake 37, 38 

board of, to appoint commissioners of shell fisheries in Suffolk 

county 55 

commissioners to be residents of certain towns 55 

other restrictions 55, 56 

to regulate costs for oyster beds 56 

to require bond from oyster commissioner 58 

in Gravesend and Flatlands, to grant permits 75, 76 

duty to report spoliation, injuries, etc., to district; attorney 86 

protectors of lands, etc 86 

to report proceedings to forest commission 86 

as fire wardens 8T 



INDEX. 131 

SUPEKVISOES — ( Crnitinued), page. 

power to appoint fire wardens in towns, exposed to damage, etc ... 87_ 

to report proceedings to forest commission 88 

power to destroy fences, etc 88 

to report fires, etc 88 

duties with regard to causes of fires, etc 88 

duties as to posting and replacing rules 89 

to receive assessment of State lands, etc 90, 91 

SUKF BIKDS, 

defined as " game birds " 33 

SURVEY, 

commissioners of fisheries to have survey of oyster beds completed, 51 

requisite for, in Suffolk county 56 

SWALLOW, 

season for 32 

bad in possession or exposing for sale 32 

SWANS, 

defined as " game birds " 33 

TATLEES, 

defined as " game birds " 33 

TAX, 

may be raised 27 

supervisors to raise tax 27 

proviso as to, school-houses, etc 91 

approved by 91 

upon State lands paid by State treasurer 91 

credit by county treasurers 91 

TEAL, 

season for, in Chautauqua county 35 

THEUSH, 

season for 32 

had in possession or exposing for sale 32 

when not to be taken 38 

TONAWANDA CEEEK, 

taking fish from 20 

TOWN ASSESSOE, 

in regard to filing copy of assessment rolls, etc 90 

additional statement 90 

TRESPASSING, 

prohibited 15, 2i, 25 

notice to be given not to trespass 15, 2-4, 25 

sign boards to be erected 15, 24 

penalty for injuring sign boards 25 

what it includes 85 



132 INDEX. 

TEOUT, FAOE. 

streams to be examined for the propagation of 3 

in Lake Ontario, Niagara river ir» 

in private waters 15 

how to be caught 15, 16 

speckled 15, 16, 17, 18, 20 

brook 15, 16, 17, 18, 20, 

salmon 15, IQ. 

setting net near mouth of Oswego river 16 

catching with net in Lake Keuka 16 

speckled, brook or salmon through the ice 16 

in Lake Ontario and Niagara excepted 16 

speckled, brook, California and brown, season for 16 

size of 17 

in Lake Ontario during spawning season 17 

not to be molested in spawning season 17 

catching in Lake Ontario for stocking 17 

catching for stocking private ponds 17 

killing, exposing for sale or had in possession 17 

brook, brown, speckled, California and salmon, in Adirondack 

region 18 

from forest preserve, in possession 18 

salmon or lake, season for, in Lake George 18 

salmon or lake, season for 18 

in certain lakes , 20 

shutting or drawing off waters 20 

exposing for sale or having in possession, in Steuben county 43 

when caught in Lake Ontario by net 45 

provisions for the purpose of restocking public streams with 49 

stocking waters in Adirondacks with 4'J 

restocking in Adirondacks with 51 

fish hatcheries 51 

TROUT (Salmon), 

may be sold at any time when brought from out of State 30 



ULSTER COUNTY, 

location of forest preserve 83 

VENISON. 

may be sold, transported or had in possession 28 



WALKILL RIVER, 

fishing in 21 

WALL-EYED PIKE, 

(See Pike Perch.) 
WARRANTS, 

courts to issue, violation of game law 30, 38 

how issued 30 

when issued 30 



I 



INDEX. 133 

WAREANTS — ( Continued), page. 

for non-residents 30, 39, 

search warij'ants 36, 39, 47 

gaiB,e constable to arrest with or without, in Wa,shingtop,, anc;!, Essex 

counljies .' . . . . ........ 4^ 

WAEREN COUNTY, 

IjOcation, ot; fojrest preserve , — §3: 

WASHINGTON COUNTY, 

power of game constable 44 

location of forest preserve 83 

WATEE, 

pollution of, prohibited 32, 33 

rights to surplus, etc 80 

WEIE, 

when duty of commissioner to confiscate , 5 

using in Earitan bay regulated 47 

use of, in New York harbor, regulated 48 

setting or attaching 92 

WESTCHESTEE COUNTY, 

certain oyster beds in, protected 54 

WILD BIEDS, 

killing 6v catching 32 

nests and eggs of 33 

scientific purposes 33 

WILD DEEE, 

protector may arrest for violation of laws for protection of 7, 8 

sale of 10 

possession of 10 

transportation of 10 

traps and spring guns 10 

protection of fawn 10 

hunting in St. Lawrence and Delaware counties 10 

crusting and yarding prohibited 10 

in Queens and Suffolk counties 10 

hunting with dogs 10 

hunting season 10 

head or feet of, when severed from the carcass , 11 

(See Deer.) 
WILD DUCK, 

killing 11 

exposing for sale 11 

having in possession ■. 11 

in the waters of Long Island 11 

killing with swivel or punt gun 12 



134 INDEX. 

WILD BVCK — iContimied), page. 

using other device than gun 12 

in Great South bay 12 

in Peconic bay 12 

in Shinnecock bay 12 

in Lake Ontario 12 

in St. Lawrence and Hudson rivers 12 

WILD FOWLS, 

using boats, etc 12 

in Long Island sound, Gardner's and Peconic bays, Lake Ontario 

and the Hudson river 12 

hunting with decoys, floating batteries, bow-house, etc 12 

WILD GAME, 

land set apart for 91 

WJLI) GQQSE, 

in Long Island sound, Gardner's and Peconic bays, Lake Ontario 

and the Hudson river 12 

shooting out of floating battery, machine or device 12 

season for, in Chautauqua county 35 

WILD TURKEY, 

defined as "game birds" 33 

WHARVES, 

act not to apply to the filling in of land under water granted by 

the State 48 

nor to sweeping or washing boats, etc 48 

WOLVES, 

State bounty for 25 

proof of killing 25 

bounty, how paid 2G 

WOODCOCK, 

season for 13 

in Oneida and Delaware counties 13 

when may be sold or had in possession 28 

defined as " game bird" 33 

protected in Chautauqua and Cattaraugus counties 3G 

WOODPECKER, 

kill, expose for sale or had in possession 14, 32 

season for 32 

when not to be taken 38 

WREN, 

kill, expose for sale or had in possession 14, 32 

season for 32 

when not to be taken 38 



INDEX. . 135 

YATES COUNTY, page. 

catching minnows for bait in Keuka lake 16 

YELLOW BIED, 

kill, expose for sale or had in possession 14, 32 

season for 32 

when not to be taken 38 

YELLOW HAMMEE, 

season for 31 

had in possession or exposed for sale 32 

when not to be taken 38 

YELLOW LAKE, 

spearing in 21 



